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Message: John Does

John Does

posted on May 15, 2006 06:16AM
I am sure attorneys among us know the following..

On occasion I have to legally remove a tenant from my apartments from non-compliance with the ``lease/rental agreement``

When I file my notice with the court to evict the bad guy I always include, and I do believe its mandatory, after the name/names of the individual(s) the phrase (Does 1-10 or

1-20) as an assurance that if anyone else is living in the unit, not named in the eviction papers, will also be included in the eviction process.

You have to do this to protect yourself. I remember years ago when I had to evict John Brown and Mary Smith, without using that legal phrase, it was found out that John Brown`s brother had been living with them for months without my knowledge and without being on the lease.

The marshalls came and performed the eviction on John Brown and Mary Smith but had no eviction papers on John Brown`s brother and the marshalls ascertained he had been living there quite some time.

The end of the story was John Brown and Mary Smith were evicted with John Browns brother being allowed to stay in the apartment. (In California if you attempt to throw out a person and his belongings on the street in an incident like this that person will wind up owning the apartment) It has to be done legally.

John Browns brother, since he was now a legal tenant according the laws of the State of California invited his brother and Mary Smith back into the unit where they all lived for the 3 more months it took me to legally evict everyone in the apartment. (Of course they paid no rent during this time and the legal fees are quite daunting)

Had I used Does 1-10 in my eviction papers the first it would have covered anyone living the apartment that I did not know was there and not legally on my lease.

That`s what Does 1-10 means...

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