The Laws Governing Security Deposits Security deposits are sums of money a landlord requires at the beginning of a rental that will be used in case the tenant fails to pay rent or causes damage to the dwelling. Security deposits in California are regulated by California landlord-tenant law, found in Civil Code 1950.5 and following…
When spouses are divorcing, they usually go through a process of dividing property and debt acquired during the marriage. Retirement accounts are often one of the larger assets divided between spouses. Depending on the type of retirement accounts each spouse may own, a Qualified Domestic Relations Order (QDRO) may be necessary to divvy up the…
The process of terminating any California tenancy starts with delivery of the initial notice to vacate the premises. The first and most common reason to evict any tenant is for non-payment of rent. There are four major differences between a residential notice for non-payment of rent and a commercial notice for non-payment of rent, discussed…
A forcible detainer occurs if a person unlawfully holds possession of any real property through violence or threats, or unlawfully enters a rental unit at nighttime or during the occupant’s absence, and refuses to surrender the premises for five days after demand to return possession. To qualify for a Forcible Detainer action, the owner/lessor of…
What are the ways to collect a California Money Judgment? Below is a discussion of four of the most common procedures used by judgment creditors in California. Preliminary Considerations As a preliminary matter, the success of judgment collection procedures often turns on the degree of due diligence exercised by the landlord during the screening process,…
The short answer is “No”. California has adopted a specific statutory scheme to supplant the common law “self-help” remedy for evicting a tenant. In short, California Law, prohibits the landlord from forcibly entering onto the rental property to evict a tenant without a lawful judgment and writ of possession. No person out of possession of…
In general, owners and lessors of rental property are proper plaintiffs an unlawful detainer action filed against their tenants. Property owners often give property management companies or other agents the authority to handle day-to-day affairs of the rental, including entering into a written agreements authorizing an agent to execute leases, collect rents, and recover possession…
What is a Notice of Belief of Abandonment?What should you do if you suddenly discover that the tenant on your property has not been seen in weeks and is nowhere to be found?Tenants who break their lease and leave the property without notice to the landlord are an increasingly common occurrence, particularly in California, as…
SUMMARY OF FLORIDA PROBATE PROCEDURES When someone passes away as the sole owner of assets in Florida, a probate proceeding is typically required to resolve issues involving the division of those assets among the decedent’s heirs, beneficiaries and creditors.Estate state administration serves the purpose of ensuring the decedent’s assets are properly located, gathered, and then…
OVERVIEW OF CALIFORNIA’S EVICTION PROCESS What are the necessary steps for a California eviction and how long does the process take? Here is a brief procedural overview which includes general time estimates for completing each required phase. As discussed below, there are many factors to consider when estimating the time it will take to complete…