Evicting a Tenant Based on Nuisance in California

California landlords have the right to evict their tenants when they become a “nuisance” to others in the vicinity.  This article explains California’s requirements for maintaining a successful nuisance eviction against a tenant. What is a “Nuisance”? So, what constitutes a nuisance to support an unlawful detainer under California Code of Civil Procedure 1161(4)? A…

Should I Attempt to Settle My Eviction Case?

Sometimes it’s in the landlord’s best interest to attempt to settle an eviction case before engaging in time-consuming and expensive litigation. Here is an overview of two of the most common types of eviction settlements and the reasons why a landlord might want to pursue settlement as an alternative to litigation.  Stipulation for Entry of…

Overview of Santa Monica’s Eviction Control Ordinance

Santa Monica’s rent control laws include eviction protections limiting evictions to the reasons enumerated by the ordinance.  Here is a summary of the eviction control provisions of the ordinance. Registration Requirement All covered properties must be registered with the City.  Santa Monica, Cal., Rent Control Law § 1803(q).  Landlords that fail to have properly registered…

Grounds for Evicting a Tenant in the City of Los Angeles

Los Angeles landlords need a reason to evict a tenant that is authorized by the City’s eviction laws.  This article discusses the allowable reasons for an eviction in the City of Los Angeles, under the Los Angeles Rent Stabilization Ordinance (LARSO) and the City’s “Just Cause” Ordinance (JCO). The first step is to determine whether…

Is My Los Angeles Property Subject to Just Cause Eviction Protection?

One of the first questions Los Angeles landlords need to answer is whether their rental property is subject to just cause eviction protections of either the Los Angeles Rent Stabilization Ordinance or the recently enacted Just Cause Ordinance.  This article explains the steps necessary to make this determination, which will impact whether and under what…

Overview of Commercial Evictions in California

In California, the ground rules for evicting a commercial tenant are very similar to the procedures utilized to evict a residential tenant.  Here is an overview of the eviction procedure for commercial evictions in California. Grounds for Eviction Commercial tenants in California can be evicted for several reasons.  The most common reasons are: Non-payment of…

Are Late Fee Provisions Enforceable in a California Rental Agreement?

This article discusses the enforceability of a late fee provision in a California rental contract.  The short answer is that such a clause is disfavored – but enforceable – provided the landlord meets his burden of establishing proper disclosure of the fee in the rental agreement, and that the fee is limited to a reasonable…

Importance of Preparing Accurate Three-Day Notice to Pay Rent or Quit

In California, when a tenant fails to pay rent on time the landlord must give the tenant a three-day notice to pay rent or quit before initiating an eviction lawsuit (known as an unlawful detainer action) against the tenant. This written notice informs the tenant that they have three days to either pay the full…

New Security Deposit Laws are Coming to California

California Assembly Bill 2801, which becomes operative in 2025, changes some of the residential security deposit rules under California law through amendments to California Civil Code section 1950.5. The bill was intended to clarify and limit the charges landlords can deduct from a tenant’s security deposit and outlines the required documentation necessary for lawful deductions…

Basic Rights of Tenants with Disabilities

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…