What is a summary proceeding?
California law allows a Public Administrator to act as administrator of estates where the total value of the estate does not exceed $100,000. This Summary Proceeding may be utilized exclusively by the Public Administrator. The minimum fee is $750.00. This proceeding is considerably more economical and efficient than a Formal Probate.
In general, there are two types of summary proceedings: nonpayments and holdovers. NONPAYMENT In nonpayment proceedings, tenants have the right to continue to withhold rent if, in fact, they have not received required services. At trial, after a judgment is issued, a tenant has the right to satisfy the judgment within five days. Note: Unfortunately, many tenants receive a judgment and are not aware of the fact that they have this five day period to satisfy the judgment so as to prevent their eviction. They must be informed of the foregoing. HOLDOVER In most holdovers in which the landlord claims a violation of tenancy, the tenant has a ten day cure period even after judgment is entered. Accordingly, it is imperative that tenants be aware that, upon the cure of the alleged breach of tenancy, they will be allowed to remain in possession. This cure period does not apply to owner-occupancy, nonprimary residence, nuisance and termination of nonregulated tenancies. HP ACTION Tenants have the
A. A summary proceeding is a legal means for recovering possession of real property. A landlord or other person entitled to possession of real property can bring a summary proceeding to quickly remove an occupant and recover possession. The procedures for bringing a summary proceeding are found in Article 7 of the Real Property Actions & Proceedings Law (RPAPL). Other relevant provisions are found in the Real Property Law (RPL). The parties to a summary proceeding are the petitioner (a landlord or other person entitled to possession of real property) and the respondent (the occupant of the real property). If the petitioner’ prevails, the court may issue a warrant of eviction that must be enforced by a sheriff, city constable or marshal, or town constable.
