Includes Notices, Unlawful Detainer, and Sheriff Lockout.
No matter how careful you are as a landlord, there is a decent chance you will eventually face the unpleasant prospect of having to go to court to evict a tenant. Proper planning for that event begins with tenant screening process and continues through preparation for trial on the merits. Here are some tips on…
Under California law, when an owner rents real property to the resident, the resident is entitled to exclusive possession of the premises, even to the exclusion of the owner or property manager of the premises. There are, however, exceptions to this general rule, as codified by Civil Code section 1954. Here is a summary of…
Those who buy an occupied foreclosed property often find that the person(s) living there will not voluntarily vacate the property. Before you take any action to evict, one threshold question needs to be answered: Is the person on the property the former owner or the former owner’s tenant? The answer to this question is important…
The Department of Housing & Urban Development’s Section 8 program helps low-income tenants afford housing by providing rent subsidies to the program participants. A Section 8 tenancy can go south for the same reasons as other tenancies, sometimes requiring the landlord to commence eviction proceedings against the tenant. This article summarizes the legal grounds for…
The City of Los Angeles has enacted a Tenant Anti-Harassment Ordinance that applies to ALL rentals in the City of Los Angeles, including Single Family Residences and condos. It can be found in Article 5.3 of the Los Angeles Municipal Code and is summarized below. Prohibited Conduct The LA City Tenant Anti-Harassment Ordinance prohibits Los…
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…