After the "Eviction"

[Sundowner]

What is the name of your state? CA

I am going through the eviction process with a non-paying tenant. At our court date, I was only able to get a Stipulation for Judgement and Dismissal (restitution of premises/surrender/forfeiture of lease). The Stip states (among a few other things)

1) a Writ of Possession may be issued immediately but no lockouts until XX Jan.
2) The Judgment in this action shall be vacated and the case is to be dismissed without prejudice upon the return of possession of the subject premises to the plaintiff.
3) No other major stipulations like court ordered debt.

Q1: I believe this means that I did not technically get the tenant evicted. Does that mean no negative entries will be entered into the tenant's financial history, is that correct?

Q2: Is there anything I can do that will make the "in-effect eviction/but not technically an eviction" appear in his history?

Q3: Are there any other low cost options (other than small claims court, which I may do but I'm trying to minimize time/effort/money spent on a bad situation.) that I can take to legally penalize the tenant?

Thanks for any assistance...

 

[CourtClerk]

No one is going to be able to answer your questions when your post has things like

The Stip states (among a few other things)

What other things does the stipulation say?

Is the dismissal contingent upon the defendant surrendering the property prior to the lockout date? If so, then no, the dismissal takes precedence.

If the judge is allowing the writ of posession to be issued, then yes, you did get the eviction, however, it sounds like there is an agreement to dismiss if the property is turned over. See, no one can answer this without looking at the record or you being completely specific.

What does the stipulation say about money judgments? Most times the WOP is issued first, then a WOE is done because most people want the property back before the money. Is there anything about money in the stip and order?

 

[switchex]

went to court and tenants evicted . .now what! so confused..please help.

just came from the court and the judge ruled in our favor for one month rent .. the tenants mentioned to the judge that they had already left the property the first of Jan and left the keys in the house.

So now what? Does this mean i can enter my house?

Also, i thought the judge was going to give them a deadline to payup, but that was not the case! she just said they owe us one month rent and that was the end of it . .the whole thing was like 4 minute.

So what is the next step for me? obviously, just becasue the judge said they owe us money does not mean they are going to pay .. with no dealine in place, how would i know when i can purse this and get my money?

Thanks

 

[switchex]

sorry, posted the above by mistake..it was suppose to be a new thread

 

[Sundowner]

The other Stips

A) Defendant waives any and all rights to a noticed motion or right to a hearing on the entry of judgment pursuant to this stipulation except 24 hours notice to counsel.
B) Defendant agrees to leave the premises in good repair and clean condition according to CA law.
C) Reservation of Rights: (Paraphrasing here to shorten) Each party reserves all rights to make claims in small court arising from subject tenancy.
D) Any security deposit shall be handled in accordance with CA civil code 1950.5
E) Plaintiff agrees to give at least a neutral reference about this tenant to prospective lessors.

I left these out from the original post since they seemed minor and didn't bear on my questions. No money judgments. All the stips are repeated verbatim except for the reservation of rights.

"Is the dismissal contingent upon the defendant surrendering the property prior to the lockout date? If so, then no, the dismissal takes precedence."
(From Stip 2) The Unlawful Detainer case gets dropped once the tenant leaves and I regain possession of the property, correct? So the tenant has to leave but won't get an eviction on his record?

Also any further info on my Questions 2 and 3?

Thanks again...