Eviction Service

California landlords need to be aware of state and federal disability rights laws which impose legal obligations on landlords when renting to persons with disabilities.  This article provides an overview of the major issues implicated by applying those laws to the landlord-tenant relationship.  What is Considered a Disability? “Disability” is defined broadly under state and…

Landlord insurance is similar to homeowners’ insurance, but typically includes additional liability coverage for the specific, added risks landlords face by renting out their property. It is not legally required in California but may be a requirement of any mortgage lender on the property.  If you own rental property in California, you should have landlord…

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…

The City of Los Angeles has a “just cause” eviction control ordinance allowing evictions based on the owner’s intention to move into the property.  Here is a summary of the requirements for owner move-in evictions regarding properties subject to Los Angeles’ Just Cause Ordinance. Allowable Reasons for Owner Move-In Evictions  Los Angeles Municipal Code (LAMC)…

Does a landlord have a legal right to prohibit prospective tenants from smoking inside or around the rented premises?  The answer is “yes”, if the restriction is spelled out in the rental contract with the tenant.  Cigarettes/E-Cigarettes California has enacted a statute allowing landlords of residential dwelling units to prohibit smoking of cigarettes or other…

This article summarizes the “just cause” eviction control provisions of the City of Concord’s Tenant Protection Program (“TPP”) (Concord, Cal. Municipal Code section 19.40.010 et seq.)  Below we discuss the TPP’s allowable just cause reasons for eviction, and the penalties for violating the ordinance. Covered Properties Any unit rented as a “home, residence, or sleeping…

Code of Civil Procedure 1162 provides three ways to serve a tenant with a notice terminating the tenancy such as a Notice to Pay Rent or Quit.  Here is an overview of the authorized methods of service of process for the notice.  If the notice is not served by one of these allowable methods, the…

In cities with eviction control ordinances like Oakland, landlords need a specific reason to evict, known as a “just cause”. One of the most common “just cause” reasons to evict a tenant is when the property owner or one of his family members wants to move into the unit. This is known as an owner…

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…