Author: Paul Vallone

This article discusses the role of a demurrer in an unlawful detainer proceeding, and how tenants have historically used it as a litigation tactic to delay entry of an eviction judgment against the tenant. What is a Demurrer? A “demurrer” is a pleading filed by a tenant challenging the legal sufficiency of a complaint.  It…

There are two types of no fault evictions  in the City of Los Angeles. First, there are the no fault evictions permitted under the City’s Just Cause Ordinance (JCO). Second, there are the no fault evictions authorized by Los Angeles’  Rent Stabilization Ordinance (RSO).   The JCO was passed by the LA City Council in…

Real estate investors seeking to purchase properties through foreclosure should be aware of the Protecting Tenants at Foreclosure Act (PTFA) (12 USC 5220).  The PFTA is a federal law that provides safeguards for tenants facing eviction from rented properties subject to foreclosure.    Before enactment of the PTFA most renters, including those with existing leases…

Here’s what you need to know about terminating a California tenancy based on the tenant’s failure to pay rent.  The Three-Day Notice to Pay Rent or Quit Nonpayment of rent evictions begin with preparation and service of a 3 Day Notice to Pay Rent or Quit that fully complies with California Code of Civil Procedure…

The federal CARES Act (enacted March 27, 2020) imposed a temporary moratorium on eviction filings for residential properties financed by federally backed mortgage loans or participating in federal affordable housing programs.  The CARES Act included a provision requiring landlords of covered properties to give tenants at least 30 days’ notice to vacate the premises in…

Under California law, when an owner rents real property to the resident, the resident is entitled to exclusive possession of the premises, even to the exclusion of the owner or property manager of the premises. There are, however, exceptions to this general rule, as codified by Civil Code section 1954.  Here is a summary of…

Once title is perfected, the buyer should notify the occupants, in writing that they are the new new owners. Notice must be in writing, and should have contact information of the new owners. We suggest delivering personally, or by posting the notice on the door if no one answers the door.     Many experienced trustee…

The Department of Housing & Urban Development’s Section 8 program helps low-income tenants afford housing by providing rent subsidies to the program participants. A Section 8 tenancy can go south for the same reasons as other tenancies, sometimes requiring the landlord to commence eviction proceedings against the tenant. This article summarizes the legal grounds for…

The City of Los Angeles has enacted a Tenant Anti-Harassment Ordinance that applies to ALL rentals in the City of Los Angeles, including Single Family Residences and condos.  It can be found in Article 5.3 of the Los Angeles Municipal Code and is summarized below.  Prohibited Conduct The LA City Tenant Anti-Harassment Ordinance prohibits Los…