Generally, the deceased person’s estate is responsible for paying any unpaid debts. If there is no money or property left, then the debt generally will not be paid. While there are exceptions to this rule, discussed below, no law automatically saddles a family member with the debts of a deceased relative. The Estate is Generally…
There are different ways to probate a Will in Texas. One little known option available in Texas and a few other states is a Muniment of Title proceeding. This is a court action where the court admits a will to probate solely to establish title to personal and real property. Benefits of a Muniment of…
This article discusses how to deal with individuals who are not a party to the lease agreement but are living your rental unit. The issue is important since unauthorized occupants are not bound by the lease agreement and create an added layer of risk associated with owning a rental unit. Below we discuss the ways…
There are three types of 3 Day eviction notices in California – the 3 Day Notice to Quit, the 3 Day Notice to Perform Covenant or Quit, and the 3 Day Notice to Pay Rent or Quit. This article discusses the required content for each notice, how they are served, and how to calculate the…
California has specific laws governing a landlord’s rights and obligations arising from a security deposit held by a landlord under a rental contract. This article provides an overview of the statutory scheme. Civil Code 1950.5 defines the rules governing the accounting and return of security deposits in California. It provides in relevant part that no…
Jury trials are problematic for landlords seeking to legitimately evict their tenants. Tenants hope that a looming jury trial will cause a better settlement, meaning more money paid to the tenant to get them to move out. Unfortunately, as discussed below, the right to a jury trial exists under California law if the tenant meets…
A 3 Day Notice to Pay Rent or Quit is commonly used by Landlords when dealing with a tenant who is delinquent on his monthly rental payments. Often the Notice is ignored, forcing the landlord to pursue an eviction lawsuit against the tenant. But what happens if the tenant wants to pay? Should the landlord…
Owning a rental unit can be a profitable business. However, the success of the business depends in large part on the extent to which you, as the landlord, can minimize or avoid common mistakes landlords typically experience while selecting tenants and/or managing a property. Here is an overview of some of the most common errors…
An unlawful detainer and a forcible detainer have the same objectives — to legally remove an occupant from your rental property. So what is the difference? We discuss the distinguishing characteristics of the respective actions below. Unlawful Detainer Unlawful detainer is the primary method landlords use to evict tenants for nonpayment of rent or other…
The City of Los Angeles’ eviction protection moratorium expired on January 31, 2023. In response, the Los Angeles City Council recently passed multiple ordinances designed to provide residential City tenants with permanent protections against eviction and rent increases. In addition, protections under the countywide eviction moratorium presently remain in effect until March 31, 2023. Synopsis…