Real Estate

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    Dublin, CA
    Dublin, CA
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    Pleasanton, CA
    Pleasanton, CA
  • 5000 random true 30 bottom 0
    Windemere, San Ramon, CA
    Windemere, San Ramon, CA
Dublin, CA
Pleasanton, CA
Windemere, San Ramon, CA
Mr. Tuann grew up in a landlord family in Berkeley. He has dealt with rent control since the 1980s. He has represented numerous landlords in evictions, in defending against lawsuits from tenants, in negotiating move-outs, etc. Mr. Tuann is also a licensed California real estate salesperson, #01365961.

Transaction

  • Purchase & Sale
  • Leasing
  • Secured Transactions
  • Title Disputes
  • Construction Contracts
  • Landlord – Tenant

Litigation

  • Unlawful Detainer aka Eviction
  • Foreclosure
  • ADR(mediation, binding and non-binding arbitration)
  • Construction Defect
  • Broker/Owner Misrepresentation
  • Quiet Title

Eviction

(Unlawful Detainer is the legal term):

Eviction is a hurried up civil lawsuit to regain possession of real property. Normal civil cases, say car accidents or breach of contract, will take 18 months to get to trial; eviction cases are to be tried within 20 days. The landlord has title; he or she is seeking the Court’s help to obtain physical possession of the rental property. California law does not want landlords to resort to “self-help.” Do not try to physically evict tenants, turn off the utilities, lock out tenants, etc.

The vast majority of evictions are due to non-payment of rent. The landlord begins the eviction process by serving a 3-Day Notice to Pay or Quit. Our office charges $100 to draft and serve this document, along with its proof of service. Some landlords do this part themselves. Once the three days are over and the tenant has not paid, file the eviction lawsuit.

Step One:
We charge $500 for drafting and filing the unlawful detainer complaint in the local Superior Court. There is a $80 charge to rush serve each adult tenant,plus $55 for second tenant at same address, plus $240 filing fee payable to Superior Court.

Step Two:
It usually takes a few days to effect service on tenants/defendants. Our office charges $500 to draft and file Request For Default, get Judgment for Possession, obtain a Writ of Possession($25 fee to Court) and drive to Sheriff’s Civil Division to pay for Sheriff’s Eviction($145 fee to Sheriffs). The Sheriffs take about three weeks to evict. Within 72 hours, the local Sheriffs will place a Notice to Evict on the tenant’s front door specifying a date and time when the Sheriffs will return to evict. Our office will inform the landlord and the landlord will be there on the exact date & time to meet three armed, and wearing body armor, sheriffs to change the locks(all of them). Once the landlord has changed the locks, the landlord has legal possession once again. If the tenant tries to break back in, the tenant can be arrested for burglary, breaking & entering, felony trespass, etc. About half our eviction cases end in a default with sheriffs’ eviction. But, even this way will take $1,000 in legal fees, $240 in filing fee, and cost of process service and take a minimum of four weeks from date of filing eviction with Superior Court.

If the tenants file an answer to the eviction complaint, usually they will not serve the answer on counsel or landlord. We will not know until we try to obtain a default. While trying to obtain a default(see above), we will also bring a Request to Set Case For Trial. If we find that the tenants have answered the eviction lawsuit, we will file the Request to Set immediately, forcing the Court to provide a bench trial date within 20 days.

Step Three(Trial):
Our office charges $500 to take case to bench trial and evict with Sheriff’s eviction. One of the landlords must appear at trial to take the witness stand. If we win, we will obtain a judge-signed judgment for possession and lost back rent, filing fees, attorney fees and cost of service. Our office will then obtain the Writ of Possession($25) and pay the Sheriffs to evict($145). Often, the tenant has no real defense, but will seek trial just to obtain three more weeks of living there. Most tenants are judgment proof, in that no matter what amount is awarded for back rent, attorney’s fees and costs, the landlord is highly unlikely ever to obtain any money from the tenant. The tenant has nothing to lose, other than a judgment for eviction which will hurt his credit rating. By answering the eviction complaint, the tenant will stretch out the eviction process to about two months.

Sometimes, the tenants seek a jury trial. They do this to stall and delay. Alameda County juries are liberal and pro-tenant. Contra Costa, Santa Clara and San Joaquin county juries are more conservative and pro-landlord. Often the tenants seek a jury trial, not to win, but to drive up the landlord’s litigation costs. It takes several weeks to get a jury trial, and many court appearances. Jury selection takes half to one day; trial itself takes another day. Our office charges $500 per day for jury trials, including all the court appearances, settlement conferences, trial call, jury selection, etc. A jury trial can cost up to $5,000 or more to complete, and it will not be over.

Eviction Defense Center is an Oakland law firm handling eviction defense. When tenants hire EDC, they use EDC to stall and stall. The more they stall, the more free rent the tenant gets, the more frustrated the landlord gets, and EDC usually gets a favorable settlement because landlord attorneys know that EDC can delay jury trials for weeks due to their busy calendar. If landlord wins at trial, the EDC knows how to delay further by appealing to Court of Appeal, by having tenant file a “skeletal” bankruptcy in US Bankruptcy Court, etc.

Cash for Keys:
Knowing the above, some landlords have chosen to bribe their tenants into leaving. The landlord offers from $1,000 to $17,000 in exchange for tenants leaving quickly and with minimal damage to the property. Our office has written settlement agreements where in exchange for the tenants leaving and giving up their right to sue for mold, asbestos, discrimination, etc., the landlord promises in writing to pay. These contracts are enforceable in court. Judges hate when a party, either tenant or landlord, breaks a contract. Paying tenants to move out is much cheaper and faster than jury trials.

Out of State Landlords
For many of our East Coast, foreign and overseas clients, we receive wire transfers of money. We use the internet to email PDFs for clients to review and sign. The only time we need a physical presence is at trial, bench or jury. Our office works with many local property managers, realtors, agents and brokers.

If a landlord, tenant, or property manager has further questions, please call our office 925 831-4878.