“Due process” is a fundamental component of almost any lawsuit, including unlawful detainer actions. This legal concept ensures the defendant has proper notice and an opportunity to be heard in any action affecting his or her personal or property rights. The right to receive proper notice (and the notice’s required contents) are heavily scrutinized in…
Oakland has adopted an eviction control ordinance which prohibits a property owner from terminating a tenancy without good or just cause. Here is an overview of the scope of protections provided by the Ordinance, and the remedies available to a tenant when a landlord does not comply with its provisions. What Properties are Covered by…
California has a statewide “just cause” eviction control ordinance (CCP 1946.2), requiring an eviction to be based on one of the enumerated reasons set forth in the statute. Many local jurisdictions, including the City of San Diego, have enacted their own just cause eviction control ordinance. Here is a summary of the salient aspects of…
In our 10/16/22 post we discussed ways to avoid renting to financially irresponsible tenants. Unfortunately, the reality is that non-paying or habitually late paying tenants are difficult to identify and avoid, even for those landlords who spent the time properly screening the tenant at the inception of the relationship. Here are some tips on collecting…
Paying rent on time is the tenant’s most fundamental obligation under any lease or rental agreement. When tenants pay late or less than the agreed amount, they have breached the lease agreement, creating “just cause” cause for an eviction. Once they are out of the property, landlords must determine whether its economically feasible to seek…
This article discusses how to favorably resolve an eviction case in situations where the tenant fails to respond to the unlawful detainer complaint. Since approximately 50% of all the cases we handle are decided by default proceedings, it is important for the landlord to understand how this process works. After the tenant is served with…
As a matter of fairness, litigants in any lawsuit are entitled to notice of the proceeding and an opportunity to be heard. In legal parlance, this is called “service of process”. Eviction proceedings are no different. Residential landlords seeking to remove a problem tenant in California are required to notify them of the proceeding in…
This article offers tips on how to identify, address and hopefully avoid illegal activities taking place on your property. We also briefly discuss the scope of a landlord’s potential liability for criminal activity at the premises. Identifying Suspicious Activities There are many clues of possible illegal activity at a rental unit. Your senses of sight…
This article explores the fundamental steps to pursuing any Unlawful Detainer case in California. This is not meant to be a comprehensive guide to prosecuting the case, but merely provides a brief overview of each step in the process. Prepare the Tenant’s File The first step in the process is to prepare the tenant’s file…
San Francisco has its own Rent and Eviction Control Ordinance, found in Chapter 37 of the San Francisco Administrative Code. Under the Ordinance, rents can only be raised by certain amounts per year and the most tenants can only be evicted for “just cause.” This article provides an overview of the “just cause” provisions of…