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#Eviction – post possession#

Eviction continued …

POST-POSSESSION ISSUES

SECURITY AND RENT DEPOSITS: Landlords must account for all deposits within 21 days of obtaining possession of a unit. Failure to properly account may result in a Small Claims judgment against you for the full amount of the security deposit (even if you properly applied some or all of it) and a $200 penalty.

ABANDONED PERSONAL PROPERTY: Personal property left on the premises must be disposed of in accordance with the California statutes covering abandonment of personal property. The process begins with the service of a Notice Of Abandonment and ends with an auction.

COLLECTION OF MONEY JUDGMENTS: Collection of the money part of the Judgment is beyond the scope of this article. Suffice it to say that virtually all income or property is subject to execution. The two most common methods of collection are wage garnishment and execution on bank accounts.

TENANT’S POST TRIAL MANEUVERS: Tenants sometimes try to delay their eviction by filing a Chapter 7 or Chapter 13 Bankruptcy just prior to the date of the lockout. After a tenant files Bankruptcy you must get an order for “relief from automatic stay” from the U. S. Bankruptcy Court.

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