The tenant is the defendant. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. Professional process service of the initial notices. That is why you may need an Unlawful Detainer. Performance & security by Cloudflare. Evictions in Bakersfield are filed in the Bakersfield courthouse at 1415 Truxtun Ave., as are evictions in surrounding areas of the county that are near Bakersfield, such as Oildale, Greenacres, and Rosedale. The subpoena must be personally served. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. An Unlawful Detainer action is a special court proceeding. Get form UD-100 Effective: September 1, 2020 View UD-100 ComplaintUnlawful Detainer form Go to How-to instructions for Eviction Go to Eviction Form Packets They did everything they promised, on time and with wonderful customer service. Mr. Huffman was a joy to work with. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. The landlord is the plaintiff. Notice of Termination. To change your trial date, you need to file one of the following: The paperwork must be filed as soon as the need for a continuance is known. An Unlawful Detainer decides if the landlord can take the property back from the tenant. Expedited proceeding An Unlawful Detainer case is fast. Visit The Kern County Superior Court Website, Metropolitan Division - Justice Building1215 Truxtun Avenue, Bakersfield, CA 93301, Metropolitan Division - Juvenile Justice Center2100 College Avenue, Bakersfield, CA 93305, East Division - Mojave Branch1773 Highway 58, Mojave, CA 93501, North Division - Shafter/Wasco Branch325 Central Valley Highway, Shafter, CA 93263, South Division - Arvin/Lamont Branch12022 Main Street, Lamont, CA 93241. This legal document authorizes the Sheriff to physically remove and lock you out of the property. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. I would highly recommend Fresh Start. We offer a 100% money back guarantee on most of our services. We do pay the cost of electronic filing. An Unlawful Detainer case is fast. The renter breaks the lease or rental agreement and will not fix the problem like leaving trash in the yard, or failing to keep the water turned on. It is a legal way to evict someone from the place where they live or work. Kern County Superior Court - Rapid Legal Support Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). Eviction cases are called "Unlawful Detainer" cases. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. An Unlawful Detainer action is a special court proceeding. Proc., 525(d)) Judicial Council Form UD-116 Civil Section | KCSO Superior Court of Kern - Ridgecrest Branch Address: 132 East Coso Ave, Ridgecrest, CA 93555, United States Phone: (760) 384-5900 Matters Served: CIVIL-LIMITED SMALL CLAIMS UNLAWFUL DETAINER (EVICTION) CRIMINAL-FELONY & MISDEMEANOR FAMILY LAW REVENUE RECOVERY TRAFFIC Superior Court of Kern - Shafter Branch Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. Due to a new state law placing a moratorium on evictions through Jan. 31 due to COVID-19, the Superior Court says it must now have case information allowing it to screen and process cases involving a summons or default in an unlawful detainer. Privacy Policy. 4 0 obj Landlord Tenant (Unlawful Detainer) Information, Informacin de Desalojo (Retencin Ilcita). Using these smart forms can save you time and frustration. We can also provide the forms for you. The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. This sometimes includes closely held corporations, such as a husband and wife L.L.C. This section does not talk about everything a landlord and tenant may disagree about. The registration application can be downloaded, completed and brought into the County Clerk's Office located at: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 Kern County Clerk Legal Document Assistant endobj Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. We prepare papers quickly and accurately, but this does not mean that there wont be problems. We offer many criminal record clearing services that once successful will allow you to approach job interviews with resolve and honesty. If necessary, the registration period will be shortened to coincide with the date the bond expires. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. h]>=3|4xsR[(BHW?jS(]R16}4H]ce_\P++,|ph|5 T/\s>_bHW?u1hr9K,07Pm258dq Hl1dEXP?^Al/vyx,:J.EUt?vl'8 {sn=%gadUMz9T;(x)RPDk*;3wu4qro"'=NPhMd@G2@.,fMg&~:DD +u|@J8""O&:aCy(68)p%v,* {QPI&R&wgyCEBr7 Go`} This link contains news and information for both landlords and tenants. E-Filing | Superior Court of California | County of Kern Please enable JavaScript before you proceed. In order to obtain a fee waiver, you must file an Application for Waiver of Court Fees and Costs at the time you file your response. Fontana, CA 92335 Have each Defendant served with a copy of the filed forms. 3 0 obj The landlord cancels the rental agreement by giving proper notice. An eviction, known as an unlawful detainer in California, is the removal of a tenant from a rental property by the landlord. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. PDF Instructions to Sheriff of The County of Kern 2 0 obj An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. Disagreement has to be about the tenant moving out Notice: This website is attorney advertisement and does not establish an attorney-client relationship, which is only formed once you have signed an engagement agreement. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr We are a Kern County eviction service headquartered in Bakersfield, but we assist with evictions throughout California. Get form UD-105 espaolGet form UD-105 in Spanish (Spanish) Effective: April 14, 2022 View UD-105 AnswerUnlawful Detainer form Go to How-to instructions for Eviction Go to Tenants and their lawyers sometimes make claims designed to delay and make the process more expensive and burdensome, such as claiming that the tenant was improperly served, the process server entered the house, the person serving was not properly licensed, the landlord refused to fix a leak, etc. If we do not successfully expunge your criminal case, then you don't pay us. We can answer your questions about the law and procedures. Unlawful Detainer Case Search - Kern County Superior Courts The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem. Inappropriate dress includes jeans, shorts or tank tops. Management of eviction case all the way through sheriff lockout. It mainly talks about who has the right to live at the property. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. You have 5 days from the date you were served to respond in writing to the landlords complaint and file your response with the court. Evictions in Mojave are filed in the Mojave courthouse at 1773 State Highway 58 Business, as are Tehachapi evictions, California City evictions, Willow Springs evictions, and Rosamond evictions. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. Look at the list of other places to get help below. Electronic filing of unlawful detainer case documents. Additional, lost or stolen replacement cards are $10 each. Tenants sometimes file motions, demurrers, or other pleadings that delay the eviction process, even if the pleadings are without merit. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 Totally reliable and well worth the money. `Superior Court, County of Kern - Beginning January 14, 2019, the Metropolitan Division of the Superior Court, County `of Kern only, has implemented a Shriver pilot project for Mandatory Settlement Conferences in all residential unlawful `detainer cases set for trial in the Metropolitan Division. It's that simple. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Unlawful Detainer - Kern County Law Library Unlawful Detainer For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please click here . Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. This website is using a security service to protect itself from online attacks. The Sheriff will post a Notice to Vacate the property before enforcing the Writ of Possession. It is a legal way to evict someone from the place where they live or work. If necessary, the registration period will be shortened to coincide with the date the bond expires. The fact is that a good majority of private employers in Kern County are conducting criminal background checks on applicants today, making it extremely difficult to find a job if you have a criminal record. Take a default if the tenant fails to respond or go to trial if the tenant does respond, Post-judgment proceedings, such as appeal or removal of the tenant by the sheriff. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. An Unlawful Detainer decides if the landlord can take the property back from the tenant. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. We offer a huge variety of criminal expungement legal services to all Kern residents. This link contains news and information for both landlords and tenants. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. The landlord is the plaintiff. Registration #: County of Registration: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. There are packets available in English and Spanish, but please note that all court filings must be in English. This means the Sheriff can physically make the tenant leave. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. Cabrera v. Ramirez, Case No.: 1:15-cv-00067 - --- - JLT | Casetext SUMMONS & COMPLAINT - UNLAWFUL DETAINER The Sheriff must have original instructions signed by the attorney of record or the plaintiff if he/she has no attorney. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Additional, lost or stolen replacement cards are $10 each. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm They can also provide some general information about the procedures you must follow to participate in your case, and inform you of important deadlines for filing you should keep in mind. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. Unlawful Detainer/Evictions | Superior Court of California | County of Answer - Unlawful Detainer Judicial Council Form UD-105 Request to Set Case for Trial (Unlawful Detainer) Judicial Council Form UD-150 Request for Entry of Default (Application to Enter Default) Judicial Council Form CIV-100 Declaration for Default Judgment by Court (Unlawful Detainer- Code Civ. endobj Evictions - Kern Eviction Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. We know contract attorneys all over California. We are document service providers, not attorneys. You must also pay a filing fee when you file the motion or stipulation. Legal Document Assistant registration is required for those who, for compensation, assist the public to present legal documents to any self-help members of the public who are representing themselves in a legal matter. While Landlord-Tenant Assistance Center cannot fill out your paperwork for you, they can provide you with a free, premade packet of the necessary forms you need to respond to a lawsuit for Unlawful Detainer (eviction). If the landlord files this document and does not request a jury trial, you have 5 days from the mailing date of the Request for Setting to file a Counter Request for Setting requesting a jury trial. Kern County is located in the Central Valley and although it is best know for the city of Bakersfield, there are 10 other cities that make up the county. % Mailing Address KCSO Civil Section P.O.Box 80786 Bakersfield, CA 93380 Email: Civil@kernsheriff.org Public Hours of Operation 8:00 a.m. - 5:00 p.m. Monday - Friday, excluding holidays
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