Understanding Post-Foreclosure Evictions in California

Foreclosure is a challenging process for California homeowners which doesn’t necessarily end when the foreclosure sale is complete. For many purchasers, the next hurdle is understanding the rights and responsibilities of occupants still residing at the premises. Here is an overview of common issues raised by foreclosures involving occupants remaining at the premises post-foreclosure.  What…

Renting an Illegal Unit in California: Risks and Realities

California’s housing market is notoriously challenging, with high demand and limited supply driving up costs. In this environment, illegal rental units have become a common option for tenants seeking affordable housing. However, renting an illegal unit comes with significant risks for landlords. Understanding these risks is crucial to making informed decisions. What Is an Illegal…

Understanding Ellis Act Evictions in California

The Ellis Act is a 1986 California state law allowing landlords to exit the rental business by removing their property from the rental market. While this law provides a legal pathway for landlords to reclaim control of their property, it is governed by strict regulations. If you’re a landlord considering an Ellis Act eviction, it’s…

The Importance of Proof of Service in a California Unlawful Detainer Proceeding

In California, unlawful detainer proceedings are time-sensitive legal actions requiring strict adherence to procedural mandates.  Among the most essential procedural requirements is the proof of service—a document that verifies the tenant was properly notified of the legal action. Failure to properly serve and document this step can derail the entire case, making proof of service…

Evicting a California Tenant for Committing Waste

Evicting a tenant in California for committing waste is a legally complex process that requires careful adherence to state laws and proper documentation. Waste, in legal terms, refers to a tenant’s actions that substantially or permanently diminish the market value of the rental property. This can include severe property damage, unauthorized alterations, or neglect that…

Landlord Liability for Shutting Off Utilities in California

In California, tenants are protected by a body of laws that ensure their rights to essential utilities such as water, electricity, and gas. A landlord’s decision to shut off utilities, whether intentional or not, can lead to significant legal consequences. This article explores the legal framework surrounding a landlord’s liability for shutting off utilities in…

The Importance of the Notice to Terminate in a California Eviction Proceeding

At the heart of virtually all California eviction proceedings lies the notice to terminate the tenancy, which takes multiple forms depending on the underlying basis for the eviction.  This notice is not merely a formality; it is a legal requirement that serves as the foundation for every California eviction proceeding.  If the contents are inaccurate…

Legislative Update – Proposed Bill Allows Squatters to be Removed by Law Enforcement

California is considering legislation making it easier for property owners to remove squatters from their property.  The Trespassing Response & Remedies Act (SB 448) establishes a speedy process for property owners and homeowners to remove trespassers (also known as squatters) without having to file an unlawful detainer action in court.  The Problem Under existing California…

Legislative Update: SB 436 Provides Further Protections to Tenants in Nonpayment of Rent Cases

California is considering new legislation designed to provide new protections for renters facing evictions for nonpayment of rent.  The most significant provision of the bill (SB 436) allows renters to avoid eviction by fully paying delinquent rent any time before the Sheriff executes on a writ of possession.  The bill is touted as promoting housing…

Grounds for Eviction of Mobile Homeowners in California

In California, mobile home owners enjoy a unique set of protections under the Mobilehome Residency Law (MRL). However, there are specific grounds under which a mobile home owner can be evicted from a mobile home park. Understanding these grounds is crucial for both park owners and residents to ensure compliance with state laws and to…