Use of Summary Judgment in an Unlawful Detainer Action

Many of our clients have expressed frustration over delays and stall tactics utilized by tenants in an unlawful detainer action. These clients have been looking for viable alternatives to expedite their case and avoid appearing in court for a trial. A motion for summary judgment could provide such an alternative, depending on the strength of…

Summary of the City of San Diego’s New Eviction Control Ordinance

The City of San Diego recently finalized a new just cause ordinance, which provides stronger residential tenant protections than the previous ordinance enacted in 2004.  The Just Cause Ordinance significantly limits the grounds for termination of a residential tenancy, requires higher relocation assistance be paid to tenants for no fault evictions, and provides several additional…

How to Get Rid of an Abandoned Vehicle on Your Property

In the ideal world, tenants who move out of a rental property will take all their belongings with them.  Many tenants, however, leave behind all sorts of personal property, occasionally including an abandoned vehicle.  This article discusses how the landlord can lawfully remove the vehicle from the premises without risking exposure to liability for misappropriation…

Landlord Liability for Criminal Activity at the Rental Unit

This article addresses whether a landlord can be held liable for damages resulting from criminal activity at the rental unit.  The answer is “maybe”, depending on whether the plaintiff can establish that the criminal conduct was foreseeable.  In this context, foreseeability generally requires the prior occurrence of similar criminal acts occurring at the premises, and…

Landlord Remedies for Tenant’s Failure to Pay Utilities

This article outlines a landlord’s options in situations where the tenant has breached an obligation to pay for utilities.  Can the security deposit be used to cover that obligation?  Can the landlord pursue an eviction against the tenant based on unpaid utility bills?  What other rights and obligations may a landlord have when the tenant…

Synopsis of the “Lodger Rule” in California

The high cost of living in California has prompted many homeowners to seek extra income by renting out part of their home to an individual while continuing to live in the unrented portion.  This type of landlord-tenant relationship is commonly known as a “single family lodger” arrangement. Evicting a “lodger” under California law is easier…

Who is Responsible for Getting Rid of Mold at a Rental Unit?

Landlords owe certain duties to their tenants, including the obligation to provide a habitable premises to the tenant.  Tenants also have legal obligations arising out of the rental arrangement, including the duty to keep the unit in a clean and habitable condition.  This article explores the interplay of these respective obligations when the unit has…

What You Need to Know About Subleasing Under California Law

At some point during the landlord-tenant relationship you may be faced with a tenant’s request to lease part or all of the premises to a third party.  For example, the tenant may find it necessary to cover monthly rent payments due to an extended absence from the dwelling, or a tenant may want to create…

Are Hoarders Entitled to Protection Under Anti-Discrimination Laws?

Over the past decade hoarding has officially been considered a disability under state and federal anti-discrimination laws.  In the context of a hoarding case, the law requires the landlord to provide a “reasonable accommodation” to the tenant in an effort to solve the problem.  The landlord’s failure to do so creates a defense to an…