Evicting Rv Occupant Guide
Summary
In California, evicting someone from an RV without a written agreement involves providing a 30-day notice to vacate, followed by filing an unlawful detainer lawsuit if they refuse to leave. The initial notice should include the date, recipients information, your details, a clear statement to vacate, the reason for eviction, and your signature. If the occupant does not comply, file a complaint in the county where the RV is located, serve the tenant, attend the court hearing, and obtain a judgment for possession. If the court is in a different county, ensure you file in the correct jurisdiction. For specific county procedures, consult the local courts website or contact them directly.Full Conversation
I am trying to find out what to do about my RV. I own an RV and someone else is currently living in it, we had an agreement that they would pay me a certain amount of money however they have not paid me and it's been over a year. How can I evict them and get my property back?
Hi Maddy! Sorry to hear about your situation. In California, evicting someone from an RV can be complex. Could you let me know if you have a written agreement with the person living in your RV?
No I do not, it is verbal
Hi Maddy! Thanks for clarifying. In California, even with a verbal agreement, you may be able to evict the person. Here are some steps you can take:
- Provide a written notice to vacate. A *-day notice is typical for month-to-month agreements.
- If they don't leave, you may need to file an unlawful detainer lawsuit in court.
Would you like more detailed information on how to proceed with an unlawful detainer lawsuit?
Yes please, can I have information on what the initial written notice should look like and include. Can I also have information on how to proceed with and unlawful detainer lawsuit?
Case Rating: *
Sure, Maddy. Here's some information to help you get started:
Initial Written Notice:
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Notice Title: "*-Day Notice to Vacate"
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Date: Include the date the notice is written.
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Recipient Information: Name and address of the person living in the RV.
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Your Information: Your name and contact details.
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Statement: Clearly state that the person must vacate the RV within 30 days.
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Reason: Mention the non-payment issue.
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Signature: Sign and date the notice.
Unlawful Detainer Lawsuit Steps:
*. File a Complaint: Submit an Unlawful Detainer Complaint to the court.
*. Serve the Tenant: Officially serve the complaint to the person living in the RV.
*. Court Hearing: Attend the scheduled court hearing.
*. Judgment: If the court rules in your favor, you can obtain a judgment for possession.
Would you like more detailed guidance on any of these steps?
could you give more detail please
Case Rating: *
Sure, here are more detailed steps for each part:
Initial Written Notice:
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Notice Title: "*-Day Notice to Vacate"
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Date: Include the date the notice is written.
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Recipient Information: Name and address of the person living in the RV.
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Your Information: Your name and contact details.
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Statement: Clearly state that the person must vacate the RV within 30 days.
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Reason: Mention the non-payment issue.
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Signature: Sign and date the notice.
Unlawful Detainer Lawsuit Steps:
*. File a Complaint:
- Obtain the Unlawful Detainer Complaint forms from your local court or online.
- Fill out the forms accurately, including the specifics of your case.
- File the completed forms with the court along with the required filing fee.
*. Serve the Tenant:
- Hire a process server or a sheriff to serve the complaint to the person living in the RV.
- Ensure that the service is done according to California law, usually within a few days after filing.
*. Court Hearing:
- Attend the court hearing on the scheduled date.
- Present your case clearly, including any evidence of the verbal agreement and non-payment.
- The tenant will also have an opportunity to present their side.
*. Judgment:
- If the court rules in your favor, you will receive a judgment for possession.
- You may then request a Writ of Possession, which authorizes the sheriff to remove the tenant from the RV if they do not leave voluntarily.
Would you like more detailed guidance on any specific step or have any other questions?
What do i do if the court I file with is in a different county than where the RV and tenant are?
Case Rating: *
If the court you file with is in a different county than where the RV and tenant are located, you generally need to file the unlawful detainer lawsuit in the county where the RV is located. This ensures the court has proper jurisdiction over the matter.
Would you like to know more about the filing process in a specific county?
Yes
Case Rating: *
You should file the lawsuit in the county where the RV is located. Each county may have specific forms and procedures. Visit the court's website or contact them for detailed instructions. If you need more help with the process or have other questions, feel free to ask!