Common Defenses to a California Eviction Action

A tenant facing eviction can and usually does assert a long list of affirmative defenses to the lawsuit.  Here is an overview of some of the most commonly asserted defenses to a California eviction case. Landlord Did Not Follow Proper Procedure A landlord must strictly comply with all rules and regulations governing evictions set forth […]

How to Avoid Disputes with Your Tenant

Landlords can save time and money by taking appropriate preventative measures to minimize potential liability to a tenant.  Here are some suggestions to help you to avoid tenant lawsuits arising from the landlord-tenant relationship. Thorough Screening The screening process is your opportunity to develop detailed information regarding the tenant’s background and rental history.  This information […]

Restricting Unwanted Guests at a Rental Unit

This article explores guests staying overnight in rental units and provides guidance on how to draft an enforceable guest limitation clause. In short, while no published California court opinion has considered the matter, it may be possible for tenants to successfully argue that a burdensome restriction on overnight guests violates their right to privacy, and/or […]

Update on Los Angeles County Eviction Moratorium

The Los Angeles County eviction moratorium went into effect in March 2020.  In its original form the moratorium protected all residential and commercial tenants from “no fault” evictions, certain “at fault” evictions, and those based on non-payment of rent where the tenant showed the non-payment was the result of a Covid 19 related hardship.  The […]

How To Handle Property Left Behind By A Nevada Tenant

When tenants vacate a rental property, they occasionally leave behind items of personal property. Nevada law provides specific procedures landlords must follow when dealing with the tenant’s property. Here is an overview of those procedures.  Has The Property Been Abandoned? The threshold question that must first be answered is whether the property has actually been […]

Overview Of Oakland’s Eviction Moratorium

The Oakland Eviction Moratorium is currently one of the few eviction moratoriums still in effect in California.  It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every reason.  Here is an overview of what the moratorium does and does not cover. Which Rental Units Does The Moratorium Cover? The […]

Civil Code Section 1942’s “Repair and Deduct” Remedy

Landlords in California face their fair share of challenges, including those arising from a rental property that falls into a state of disrepair. Under the implied warranty of habitability, the landlord is legally responsible for maintaining a habitable rental unit – including making repairs to the property.  What happens when the landlord fails to satisfy […]

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