Do You Have to File the Original Lease With the Court When Filing for Eviction
I am the landlord in a contested case in the State of California, County of Los Angeles, City of Inglewood. My attorney said that he must file a copy of my original lease with the court. I guard originals of everything with my life and was loath to let this out of my hands. But he said it had to be the original and not a copy so I handed it over. Is this standard? If I had only had a copy and couldn't provide the original, would this be grounds for losing the case? What happens if the originally mysteriously goes missing in the bowels of the court system?
Re: Do You Have to File the Original Lease With the Court When Filing for Eviction
Per statute, you need to file a copy of the lease. The statute also addresses what a landlord is to do if a copy of the lease is not available.
Quote:
Quoting California Code of Civil Procedure, Sec. 1166.
(a) The complaint shall:
(1) Be verified and include the typed or printed name of the person verifying the complaint.
(2) Set forth the facts on which the plaintiff seeks to recover.
(3) Describe the premises with reasonable certainty.
(4) If the action is based on paragraph (2) of Section 1161, state the amount of rent in default.
(5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.
(b) The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.
(c) In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint "Action based on Code of Civil Procedure Section 1161a."
(d)
(1)
In an action regarding residential property, the plaintiff shall attach to the complaint the following:
(A) A copy of the notice or notices of termination served on the defendant upon which the complaint is based.
(B)
A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached.
The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:
(i) The lease or rental agreement is oral.
(ii) A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.
(iii) An action based solely on subdivision (2) of Section 1161.
(2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.
(e) Upon filing the complaint, a summons shall be issued thereon.
Re: Do You Have to File the Original Lease With the Court When Filing for Eviction
I forgot to mention that this is commercial property and the quoted section refers to residential. Any difference?
Re: Do You Have to File the Original Lease With the Court When Filing for Eviction
Best evidence would only apply in COURT. The complaint is allowed to have copies.
Re: Do You Have to File the Original Lease With the Court When Filing for Eviction
Quote:
Quoting
flyingron
Best evidence would only apply in COURT. The complaint is allowed to have copies.
OP refers to a "contested case" which I take to mean ongoing court appearances. Perhaps the attorney does want the original to present in court rather than attach to the complaint. At this point, it's not clear whether the OP is suing or getting sued.
Appears that the OP needs to clarify a few things.
Re: Do You Have to File the Original Lease With the Court When Filing for Eviction
I am evicting a commercial tenant for non-payment of rent. He has filed an answer. My attorney was given a court date of this Friday, but needed to file something with the court -- the complaint, I guess -- to which he said he needed to attach the original lease. He said that it was possible to attached a copy of the lease, but that it was a big deal to do that and would take a lot of attorney time to prepare the paperwork. (He didn't specify, but his tone of voice made it sounds like a couple of hours work.) By the way, the attorney is a generalist and does not specialize in real estate or evictions. (My bad.)
Re: Do You Have to File the Original Lease With the Court When Filing for Eviction
If the tenant has already filed an answer, then the initial complaint has already been filed (your eviction complaint) so I don't know what the attorney is doing.
Are you not getting copies of everything the attorney is doing?