Neighbor News
New Eviction Forms
The most common question we receive from landlords is "what forms do I need to give my renter when they won't pay?" Iron Law has free forms
The most common question we receive from landlords is "what forms do I need to give my renter when they won't pay?" Iron Law has free forms
Iron Law, Inc.
663 S. Rancho Santa Fe Road
Find out what's happening in Oceanside-Camp Pendletonfor free with the latest updates from Patch.
Suite 345
San Marcos CA 92078
Find out what's happening in Oceanside-Camp Pendletonfor free with the latest updates from Patch.
(844) 476-6529
How To Begin Eviction Process?
The most commonly asked question is: What Form Do I Need To Give A Renter When They Won't Pay Rent?
Providing the renter the proper forms is the most important part in the process for two reasons:
(1) If you use the wrong form, you cannot get an eviction judgment; and
(2) Chances are, the renter will pay when he receives the proper forms.
To help landlords with this process, Iron Law, Inc., has just places free forms on their website. Simply go the the website www.m.Iron-Law.com and on the right side there is a list of free forms.
Because an eviction judgment means the tenant won’t have a roof over his head (and his children’s heads), judges are very demanding of the landlord. In addition, many California cities go beyond state law, which allows the termination of periodic tenancies at the will of the landlord, and require the landlord to show a “just cause” for eviction.
In these cities, nonpayment of rent is still a straightforward ground for eviction, but there are few others. Why do we emphasize the negatives of evicting a tenant? Because we want you to understand at the outset that even if you properly bring and conduct an unlawful detainer action, you are not assured of winning and having the tenant evicted if the tenant decides to file a defense.
In other words, despite the merits of your position, you may face a judge who will hold you to every technicality and bend over backwards to sustain the tenant’s position. A tenant can raise many substantive, as well as procedural, objections to an unlawful detainer suit.
Essentially, any breach by you of any duty imposed on landlords by state or local law can be used by your tenant as a defense to your action. Simply put, unless you thoroughly know your legal rights and duties as a landlord before you go to court, and unless you dot every “i” and cross every “t,” you may end up on the losing side of an eviction.
Our advice: Especially if your action is contested, be meticulous in your preparation.
-Iron Law
