How to file prejudgment claim of right to possession

Complete this form only if ALL of these statements are true:. You occupied the subject premises on or before the date the unlawful. The date is in the accompanying. I understand that I will have five days excluding court holidays to file a response to the Summons and Complaint after I file this.

Rental agreement. I have check all that apply to you :. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. At trial, you may be found liable for rent, costs, and, in some cases, treble.

There are different forms for different types of claim: Form N Give details of a claim to gain possession a rented residential property. Request an accessible format. Form N Give details of a claim to gain possession a rented residential property. The form cp A prejudgment claim should be seriously considered if there is any suspicion of unauthorized occupants.

A prejudgment claim should also be filed in post foreclosure eviction cases, when the new owner will probably not know who is residing in the property or in cases where there is no onsite management staff such as single family homes or condominiums where the chances of an unauthorized or unknown occupant are even greater.

John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations.

Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Any occupant who files a Claim of Possession to the property must declare under penalty of perjury that he or she was living on the property before the unlawful detainer was filed. If you utilize the Prejudgment Claim of Right of Possession procedure and have a registered process server or county sheriff serve it along with the summons and complaint to the named tenants, you can prevent unknown occupants from stalling an eviction at the last minute.

Unknown occupants are forced to file their claims with the court within 10 days of being served the summons and complaint. But if you file a Prejudgment Claim of Right of Possession with the summons and complaint, the court will enter a judgment for possession on all occupants.

Then the sheriff will remove all individuals found on property at the time of the move-out. So why should you use the updated Prejudgment Claim of Right of Possession form when serving your summons and complaint? Even if you got a default judgment against the known tenants, you could be facing a motion to vacate the default judgment in order to allow more time for an unknown occupant to file a proper Prejudgment Claim of Right of Possession and become a participant in your eviction proceeding.