MENKE LAW FIRM
A Professional Corporation
REQUEST FOR UNLAWFUL DETAINER
REQUEST TO COMMENCE UNLAWFUL DETAINER
STEP 1: Complete form.
TENANT INFORMATION
Tenant Last Name Tenant First Name
Address City Zip
Enter additional adult occupants in the box below.
LANDLORD/AGENT INFORMATION
Landlord Full Name Contact Name
Address City
State Zip Phone
Fax Email
Agent Name Agent Business Name
Phone Fax Email
Back To Top
BUILDING INFORMATION
Security Building? No Yes If applicable, access code
Key Provided? No Yes N/A
RENT/TERMS OF LEASE
Agreement: Month to Month Fixed Lease Type Written Oral
Agreement Date Due Date Original Rent Current Rent
Change in terms of tenancy? Yes No
If yes, enter type of change, date of change, method of service ("Rent increase from $625 to $725 on 2/1/05 Personal/Mail service")
Current Past Due (do not include late fees)
NOTICE INFORMATION
Type of Notice 3 Day Pay or Quit 30 Day Vacate 60 Day Vacate Perform Covenants
Method of Service Personal Service Substitute Service Post and Mail
Date of Service
Served By Date Mailed
Notice Period (from/to) Expiration Date:
Past Due Rent (not including late fee's)
DESCRIPTION(S) OF TENANT(S):
Vehicle Lic # Best time to serve
Physical Description(s):
Please include any pertinent information (angry/agitated/prior eviction)
ABSTRACT OF JUDGMENT/COLLECTIONS
STEP 2: A Request for an Abstract of Judgment is $50.00.
I would like an Abstract of Judgment Yes No
FEE STRUCTURE AND PROCESS
1. Pre-Default: $440.00. This is the first step in initiating your complaint. This fee includes the preparation of court required documents and miscellaneous fee's. If your tenant vacates or you accept payment for any portion of past due rent after the documents have been prepared, you remain responsible for the entire fee.
2. Tenant Response to Summons: The tenant has five (5) days to reply to the complaint, after personal service.
a) Uncontested- If the tenant does not reply within the five (5) days, after service of the complaint, the case is "uncontested' and a "default' judgment for the landlord for 'possession only' is rendered. The court then issues a 'lock out' date. Whether or not the tenant moves out prior to the lock-out date, the Default Package is $650.00. You will receive a letter with the option to obtain money collection and an Abstract of Judgment, if not already indicated above.
b) Contested- If the tenant responds to the complaint. a trial is then requested and a trial date is set by the court. An attorney, along with a witness for the landlord, will appear at trial. Total fee:$850.00.
REQUIRED DOCUMENTATION
Step 3: In order to commence with your request, the following documents must be faxed and mailed to our office :
1. Original 3 Day/30 Day/60 Day Notice
2. Original Proof of Service/Declaration of Service
3. Original Rental Agreement (if available)
4. Copy of Change In Terms (if any)
5. Copy of Resident Application (if available)
6. Copy of driver's license (if available)
7. Copy of social security card (if available)
ADDITIONAL COMMENTS
Additional Comments (max 500 characters):
YOUR COPY
Step 4:
Please print a copy of this REQUEST for your records.
SUBMIT REQUEST
Step 5: By clicking on 'submit' I understand that the paperwork prepared by your office will be based on the information transmitted herewith and that I am responsible for all associated fees.
If you do not understand, please contact us before proceeding.
Once you have submitted the form, you will be automatically directed to a "Confirmation of Request" page.
Menke Law Firm, APC 5000 E. Spring St., #405, Long Beach, CA 90815 Phone (562) 496-4300 Fax (562) 496-4500
Copyright © 2005 Menke Law Firm | Home | Privacy Policy | Terms Of Use