LDA PRO Eviction Intake

COVID-19 EVICTION RULES AND LIMITATIONS - Halts Eviction Lawsuits Through At Least August 2020 - 3 Day Notice To Pay Rent or Quit May Be Served After May 31st , Along With A 120 Day Repayment Plan Agreement. If Tenant Defaults On Repayment Plan, Landlord Can File Eviction Proceedings September 2020. (Revised April 23, 2020)

This is a brief summary of limitations on evicting tenants in California as of the Revised by date below. These rules and regulations are changing by the day, and sometimes by the hour and do not cover the many various local laws. Landlords, property managers, and tenants are all advised to seek specific advice of a real estate attorney familiar with the most up-to-date laws of the jurisdiction where the property is located.

Judicial Council Emergency Order Halts Evictions Lawsuits (April 6, 2020): The Judicial Council of California has taken broad action and halted all eviction lawsuits - residential and commercial - statewide. This order: (1) Prohibits issuing any summons for unlawful detainer (2) Prohibits the entry of default judgment, and (3) Postpones all the trials for 60 days from the initial date of trial. The emergency order remains in effect for at  least 90 days after the governor lifts the state of emergency or until amended by the Judicial Council, meaning this order will likely be in effect through at least August 2020.

Governor's Moratorium on Evictions for Nonpayment of Rent and Halting Lock-Outs (March 27, 2020): The governor's moratorium bans the enforcement of eviction orders for residential renters affected by COVID-19 through May 31, 2020. Landlords may not evict tenants for nonpayment of rent, and law enforcement or courts may not enforce evictions. Tenants must declare in writing, no more than seven days after the due date, that they cannot pay all or part of their rent due to COVID-19. Technically this order still allows an eviction to be filed, but the tenant would not have to answer for 60 days. The tenant must retain documentation but is not required to submit it to the landlord in advance. Also, the tenant remains obligated to repay the full rent in a timely manner once the moratorium is lifted. What is considered a timely manner may depend on the city or county where the property is located.

Over 100 City land County Ordinances Establishing Eviction Moratoria for Non-Payment of Rent: Many cities and counties have placed their own restrictions on evictions for when a tenant hs not paid rent due to a COVID-19 related issue. Even though these local ordinances primarily protect residential tenants, they may cover both commercial and residential properties. Each ordinance may also have a different time frame for the tenant to repay the unpaid rent amounts. 

Court Closures and Sheriffs' Non-enforcement of Lock-out Orders: Almost every county in California has temporarily closed their courts or limited their hours of operations. The California Chief Justice also issued an order on March 20, 2020, suspending all jury trials and civil hearings. The practical effect is that, even without moratorium orders, eviction actions often cannot be filed, or would be postponed if already filed, and default judgments are not being processed. Even if a judgment ordering possession for the landlord has been obtained, many counties are not enforcing lock-out orders. Please check your local courts to verify closures, hours of operation and types of cases being handled, as each court is different.

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* Please Choose One:*

Option 1: LDA PRO Prepare And Serve Notice. $99 Option 2: LDA PRO Prepare, File, And Serve Eviction Complaint In Unlawful Detainer Court. $389

Do Tenant (s) Owe Past Due Rent?*

Yes No

Property Is:*

Single Family Residence (SFR) Multi Family (Duplex, Triplex, Multi-Plex) Commercial Land

Property Was Built:*

1994 Or Prior 1995 Or Later

Property Is Located Within:*

City Limits County Limits

Who Served The Notice?*

LDA PRO Owner Of Property Someone Else

Notice Was Served:*

Personally Substitute Served Someone Over 18 Years Old Posted And Mailed via USPS Mail Certified Mail (Other Than 3 Day Notice) Registered Mail (Other Than 3 Day Notice)

Date Notice (s) Served:*

Legal Owner Of The Property Is:*

Individual (s) Living Trust Corporation, LLC, or Real Estate Investment Trust

* Court Filing Fees - Please Choose One:*

Money Judgment Under $10k | Superior Court Filing Fee and Writ Of Possession = $280 Total Money Judgment Over $10k to $25k | Superior Court Filing Fee and Writ Of Possession = $410 Total Apply For Fee Waiver

Follow link to see Fee Waiver Guidelines: https://www.courts.ca.gov/documents/fw001.pdf

Original Agreement Was Made With:*

Legal Owner (s) Property Manager Master Tenant Previous Owners None Of The Above (Squatters of Previously VACANT Building)

Type Of Original Agreement For Rent:*

Written Agreement Oral Agreement Agreement To Occupy Premises, No Agreement For Rent No Agreement, With Current Owner None Of The Above (Squatters of Previously VACANT Building)

Approximate Date Tenants Or Occupants Began Occupying The Premises:*

Example: 01/31/2008

Rent Is Due ______ Day Of Every Month.*

For Example: 1st

Rent Is $_____________ Per Month.*

For Example: $1200

DO NOT Include Late Fees. DO NOT Include Utilities. Total Amount Of Past Due Rent Is $________________*

Rent Is Past Due From ____________ to Present.*

For Example: June, 2019 to Present.

Tenants Are In Violation Of The Following Terms Of The Written Agreement: *

If tenants are in violation of a term on the written lease agreement, please indicate page and paragraph number of the lease. Also please include description of violations that are occurring.

Just Cause For 120 Day Termination Of Tenancy:*

Selling Property Owner Is Moving Into Property Owner's Family Member Is Moving Into Property Substantially Remodeling Property (Owner Must Pull Permits And Property Must Be Uninhabitable For 30 Days Or More. Once Work Is Completed You Must Give Tenants First Right Of Refusal.) None Of The Above Apply, Therefore 120 Day Notice Can Not Be Served.

Please Check All That Apply. You Are Required To Give A Reason Above To Serve A 120 Day Notice. If You're Planning To Remodel You Must Pull Permits And Give Tenants First Right Of Refusal.

Reason For Termination Of Tenancy:*

Selling Property Remodeling Property Owner Is Moving Into Property Owner's Family Member Is Moving Into Property

Other:

Please Check All That Apply.

** Living Trust and Corporation Owners Require Attorney Representation - Please Choose: *

Option 1: I Choose to Hire One of LDA PRO's Cooperating Attorneys $289 Option 2: I Choose to Hire My Own Attorney Prior to Filing the Complaint

Our cooperating attorney will charge you $289, in addition to our service fees, which includes a 2 hour trial appearance in court, if the case becomes contested. We have a team of cooperating attorneys, however, you have the choice to hire your own. Fee may vary based on circumstances.

Name Of Corporation*

First Name

Last Name

Name (s) Of CEO Or President:*

Name Of The Living Trust:*

Name of Trustee (s):*

Person (s) Occupying Premises Are:*

Tenants Roommates (Living With Owner) Previous Owners Tenants Of Previous Owner Squatters Of Previously VACANT Building

FILE UPLOAD: Previous Notice (s) Served To Tenant (s) No File Chosen

File uploads may not work on some mobile devices.

We can not make any kinds of guarantees if a notice is valid, if the notice was not prepared and served by LDA PRO. You may email a copy of the notice after submission, instead of uploading. Email: contact@ldaprolegal.com

Date Notice (s) Served:*

Example: 05/01/2018

Do You Have A Copy Of The Most Recent Written Agreement?*

Yes No

Name Of Property Manager:*

Name Of Master Tenant (s):*

FILE UPLOAD: Written Agreement Or Lease Agreement No File Chosen

File uploads may not work on some mobile devices.

If you don't have a written rental agreement in your possession, you can skip this step. You may email a copy of agreement after submission, instead of uploading. Email: contact@ldaprolegal.com

Property Owner #1 - Name:*

Any Additional Owners?*

Yes No

Property Owner #2 - Name:*

If Applicable, Property Owner #3 - Name:

If Applicable, Property Owner #4 - Name:

Property Owner's Mailing Address:*

Address Line 1

Address Line 2

City

State

ZIP Code

Property Owner's Email:*

Property Owner's Phone:*

Any Unnamed or Unauthorized Occupants?*

Yes No Unsure

How Many Tenants / Defendants?*

18 years of age or older.

TENANT INFORMATION - Defendant #1:*

18 years of age or older.

Name Of Additional Tenant | Defendant #2:*

18 years of age or older.

Name Of Additional Tenant | Defendant #3*

18 years of age or older.

Name Of Additional Tenant | Defendant #4: *

18 years of age or older.

Name Of Additional Tenant | Defendant #5:*

18 years of age or older.

Rental Property Address*

Address Line 1

Address Line 2

City

State

ZIP Code

Tenant (s) Receive Government Assistance To Pay Rent?*

Yes No

For example: Section 8

What Is The Tenant's Portion Of Rent?*

Original Rental Amount: *

$_____________

Was The Original Agreement For Rent Amount Increased?*

Yes No

Current Rental Amount:*

$___________________

Approximate Date You Gave Notice Rent Was Going To Increase:*

For Example: February 01, 2018

Date New Agreement Became Effective:*

For Example: Effective January 2020

Do You Have A Copy Of The Rental Increase Notice?*

Yes No

FILE UPLOAD: Notice Of Rental Increase No File Chosen

File uploads may not work on some mobile devices.

We can not make any kinds of guarantees if a notice is valid, if the notice was not prepared and served by LDA PRO. You may email a copy of the notice after submission, instead of uploading. Email: contact@ldaprolegal.com

Tenants Must Deposit Delinquent Rent Into An Account. Please Provide: NAME OF BANKING FINANCIAL INSTITUTION *

Example: Wells Fargo

LEGAL NAME (S) ON BANK ACCOUNT*

Example: John Doe and Jane Doe

BANK ACCOUNT NUMBER*

List the bank account number, for the tenants to make the deposit.

If You Must Proceed With An Eviction, Do You Want To Ask For A Money Judgment?*

Yes No

There will be an additional $199 to prepare and file a Money Judgment, along with a $25 Writ Of Execution For Money Judgement Court Filing Fee. There will be additional cost to enforce a money judgement, as well.

Do You Want To Ask For A Money Judgment?*

Yes No

There will be an additional $199 to prepare and file a Money Judgement, along with a $25 Writ Of Execution For Money Judgement Court Filing Fee. There will be additional cost to enforce a money judgement, as well.

Do You Want Statutory Damages Up To $600?*

Yes No

*To recover statutory damages, plaintiff must prove that the defendant acted with malice. A tenant acts with malice if he or she willfully continues to occupy the property with knowledge that he or she no longer has the right to do so.

If You Must Proceed With An Eviction, Do You Want Statutory Damages Up To $600?*

Yes No

To recover statutory damages, plaintiff must prove that the defendant acted with malice. A tenant acts with malice if he or she willfully continues to occupy the property with knowledge that he or she no longer has the right to do so.

If Your Case Goes To A Formal Hearing, Do You Want To Pay Extra For A Jury Trial?*

Yes No

Check no, if you want the judge to hear the case, instead of paying for a jury trial.

Once Notice Expires: If Your Case Goes To A Formal Hearing, Do You Want To Pay Extra For A Jury Trial? *

Yes No

Check no, if you want the judge to hear the case, instead of paying for a jury trial.

If Your Case Goes To Trial, Do You Want To Utilize One Of Our Cooperating Attorneys To Represent You In Court?*

Yes No Undecided

We will confirm, before the hearing, whether you choose to have one of our cooperating attorneys represent you in court. You will be charged $289 for a single trial appearance. The attorney will bill you directly. If additional fees are required, the attorney will discuss those fees with you.

NOTICE TO CONSUMER | CONTRACT FOR SERVICES:

You understand… that Legal Document Assistants is not an attorney, and Legal Document Assistants is not a law firm. Legal Document Assistants cannot represent you in court. Legal Document Assistants cannot advise you about your legal rights or the law. Legal Document Assistants cannot select legal forms for you. Angela Jones is registered in Sacramento County, and the registration number is 2016-01. UDA registration number is 2017-01. To confirm that Angela Jones is registered, you may contact the Sacramento County clerk's office at: 916-874-6334. This is a contract between Legal Document Assistants and you, for the self-help services described in Part I below. I am the "legal document assistant" and you are the "client." IMPORTANT NOTICES 1. You should read and understand this entire contract before you sign it. You should understand the kinds of services that I can and cannot perform for you (see Part I below). 2. I am not an attorney. I cannot perform the legal services that an attorney performs. I cannot engage in the practice of law. 3. The county clerk has not evaluated or approved my knowledge or experience or the quality of my services. 4. I cannot keep your original documents if you request that I return them to you. I cannot keep your original documents if you and I do not sign this contract or if this contract terminates (ends) for any reason. I cannot keep your original documents after all the contract services have been provided (see Part I below). It is a violation of California law if I keep your original documents under any of these circumstances. 5. It is a violation of California law if I make any false or misleading statement to you. 6. I cannot obtain special favors from, and I do not have any special influence with, any court or any state or federal agency. 7. As required by law, I have filed a bond or made a cash deposit and have registered as a legal document assistant in each county where I will perform services on your behalf. I. SELF-HELP SERVICES Kinds of services that I can perform for you: I can perform the following self-help services for you in connection with a legal matter in which you are representing yourself: I can type or otherwise complete, as you specifically direct, legal documents that you have selected. I can provide you general published factual legal information that has been written or approved by an attorney, to help you represent yourself. I can provide you published legal documents. I can file and serve legal forms and documents as you specifically direct. These are the only kinds of services that I can perform for you. I cannot provide you any service if you need additional services. If you need additional services, then you require the services of an attorney. Kinds of services that I cannot perform for you: I cannot provide you any self-help service unless you are representing yourself in a legal matter and the self-help service relates to that legal matter. I cannot engage in the practice of law. This means that I cannot give you any kind of advice, explanation, opinion or recommendation about possible legal rights, remedies, defenses, strategies or options that you may have. I cannot give you any advice, explanation, opinion or recommendation regarding selection of forms.
 
II. FEES AND EXPENSES You agree to pay me the following fees, costs and expenses for an uncontested eviction:

 A.(1st Payment) Notice $99 Notice to Pay, Notice to Perform, or Notice to Vacate.  

Outside Area Eviction Notice Service Of Process Additional $99

B.(2nd Payment) Upon Expiration of the Notice:

UNCONTESTED EVICTION: Once the notice expires and you would like to proceed with the eviction process fees are outlined as follows for an uncontested eviction, which includes mandatory court filing fee, writ fee: 

Uncontested Eviction Under $10k - $669

Uncontested Eviction Over $10k - $809

ADDITIONAL FEES (Only If Applicable)
Outside Area Service Of Process Up To 5 Attempts - Additional $99
Service includes up to 5 Attempts. If we are not successful within 5 attempts, we must Request for Order to Post and Mail $139. 

Fees above do not include the Sheriff Lockout Fee of $145. We charge an additional $99 for Sheriff Courier Service.
Optional Choice For LDA PRO To Be Agent For Sheriff Lockout Service $249 + $40 Per Door Knob To Change Locks.
Witness Fees $69 Per Hour, 2 Hour Minimum.
Money Judgment Document Preparation -$199
Plus $25 Mandatory Court Writ Fee 

CONTESTED EVICTION: If the eviction becomes contested you may appear in court on your own, hire your own attorney, or hire our cooperating attorney to represent you in court. A separate contract for services and payment  will be made directly with the cooperating attorney. Our cooperating attorney charges $289 for a 2 hour trial appearance for individual owners. Attorney fees are subject to change based on circumstances regarding the case. Most trials do not exceed 2 hours. Should the trial exceed 2 hours the attorney will charge $169 per hour, thereafter. Any other fees for additional legal services with the attorney are not included in the above pricing.  We can not make any guarantee regarding availability of an attorney within our cooperating attorney network. If our cooperating attorney is not able to represent you in court, you must find your own attorney or represent yourself in court.
The above rates are generally applicable to most Unlawful Detainer actions. However, in certain somewhat less common but more specialized and involved situations, including but not limited to Unlawful Detainers of former owners and tenants in possession after foreclosure sale, LDA PRO reserves the right to charge higher rates for services rendered in such cases. *NOTICE TO PARTIES APPLYING TO REPRESENT THEMESELVES: Guardian, Conservator, Trustee, Personal Representative, Probate Fiduciary, Corporation, Guardian ad Iltem, and Unincorporated Association. If you are applying as one of the parties listed, you may NOT act as your own attorney in most cases. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF. Please Note: Due to recently passed laws, you may be responsible for paying the last month's rent, for notice to vacate. If any Code Enforcement violations have been reported, the owner must wait 6 months to serve a Notice To Vacate, after the violations have been removed and repairs have been made. If you would like to learn more about Just Cause Eviction 120 Day Notice, please follow this link: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.2. 
CANCELLATION: May be performed during the 24-hour period unless you knew that I would perform those services and you expressly agreed in this contract that I would perform them. To cancel this contract, send me a written notice stating that you are canceling the contract. Mail the notice by first-class mail with the correct postage, and send it to me at my address (see Part V below). Cancellation takes effect on the date of the postmark on the notice. You can also cancel this contract by delivering a written notice of cancellation to my address within the 24-hour period. You may also cancel this contract at any time if I: ● Fail to give you a copy of this contract before providing any services to you, or ● Fail to specify in the contract the services which I will perform and the costs of those services, or ● Fail to give you a copy of the contract in English and in any other language that you understand and that was principally used in any oral sales presentation or negotiation leading to execution of the contract. If you cancel this contract for any of these reasons, I must immediately refund in full any fees which you have paid me. You may also cancel this contract at any time if you have legal cause. IV. ATTORNEY'S FEES AND COSTS In the event of suit for damages arising from this contract or to enforce any of its provisions, the court may award the prevailing party his or her reasonable attorney's fees and costs. The venue for any disputes about this contract is the county where you live in California. If a dispute arises all parties agree to arbitration. V. DESCRIPTION OF THE PARTIES Legal Document Assistant Full Name: Angela Jones Business Name: Legal Document Assistants Street Address of Business: 3550 Watt Ave. Ste. 140 City, State, ZIP: Sacramento, CA 95821 Telephone Number: 916-620-2446 Email: contact@Ldaprolegal.com Unlawful Detainer Assistant Registration Information: 2017-01. I have filed a bond in Sacramento County, California. Title of brief description of the legal matter in which the client is representing himself or herself: Eviction. Notices to Client You may obtain information from the local bar association or a legal aid or legal services office regarding free or low-cost representation by a lawyer. You may contact the local police, sheriff, district attorney or legal aid or legal services office if you believe that you are the victim of fraud, unauthorized practice of law or other injury.THIS CONTRACT IS NOT VALID OR BINDING UNTIL THE LEGAL DOCUMENT ASSISTANT HAS GIVEN ALL CLIENT PARTIES A FULLY EXECUTED COPY OF IT, INCLUDING AN ACCURATE TRANSLATION OF IT IN ANY LANGUAGE OTHER THAN ENGLISH THAT THE CLIENT UNDERSTANDS AND THAT WAS PRINCIPALLY USED IN ANY ORAL SALES PRESENTATION OR NEGOTIATION LEADING TO EXECUTION OF THE CONTRACT. Authority cited: The use of this contract is required by Section 6410 of the California Business and Professions Code. Reference: Sections 6401.6, 6402, 6405, 6408, 6409, 6410, 6411, Business and Professions Code. The standard form of this contract is mandated by the California Department of Consumer Affairs, California Administrative Code title 16, § 3950. NOTE: I am a member of the California Association of Legal Document Assistants, Inc. (CALDA), which promotes and encourages high standards of ethical and professional conduct by its members. CALDA has a Dispute Resolution Process which is designed to resolve disputes between consumers and CALDA member LDAs. You may learn more about this process by visiting www.calda.org in the Board of Directors/"Code of Ethics" tab.

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Choose One: I Have Read And Understand The Above Notice To Consumer And Contract For Services.*

Yes No

Choose yes, to proceed with services.

Total Amount $

Eviction Services

Credit Card Number*

Credit Card Expiration Date*

Credit Card CCV Code*

Credit Card Billing Zip Code*

Signature Confirmation:

I confirm the below mark is my true and correct signature.

Signature*

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Sign the contract for services above by using your mouse or finger to draw your signature on this line.

Additional Landlord's Signature*

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Use your mouse or finger to draw your signature above

Eviction Services

10+ Years in Business

Registered And Bonded
Unlawful Detainer Assistants

Step 1:

Notice $99

Step 2:

Unlawful Detainer $669

Step 3:

Sheriff Lockout $244

Contested Eviction

Landlord Intake Form

E-MAIL ID

Address

Phone Number

Eviction Services

10+ Years in Business

Registered And BondedUnlawful Detainer Assistants

Step 1:

Notice $99

Step 2:

Unlawful Detainer $669

Step 3:

Sheriff Lockout $244

Contested Eviction

Landlord Intake Form

E-MAIL ID

Address

Phone Number

Registered And Bonded
Unlawful Detainer Assistants