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…

Are Tenants Entitled to Have Emotional Support Animals?

The use of emotional support animals is becoming more prevalent, so its important for landlords with a “no pets” policy to know and understand the law in this field. This post covers landlord rights when renting to a tenant who has requested permission to have an emotional support animal at the dwelling. The Source of…

Default Proceedings In A California Divorce Case

In California, the divorce process begins when one spouse files and serves a petition to dissolve the marriage. When the non-filing spouse receives notice of the petition he or she is required to respond, typically by filing an answer within 30 days. If no response is forthcoming, the filing spouse can ask the court to…

Using a 30 or 60-Day Notice to Terminate a Tenancy in California

The first step in the landlord’s decision to terminate a residential tenancy is to give written notice of termination. This article addresses termination of a residential tenancy with a 30 or 60 day notice. Failure to follow proper procedure typically results in the court’s denial of your request to have the tenant removed from the…

How To Serve An Initial Eviction Notice In California

Typically, the first step in the eviction process is to “serve” a 3-day, 30-day, or 60-day notice on the tenant. The terms “serve” and “service” refer to procedures required by the law that are designed to increase the likelihood that the person to whom notice is given actually receives the notice. There are different ways…

Synopsis Of Oakland Eviction Moratorium

Although California’s eviction moratorium has expired, a handful of cities/counties, including Oakland, California, still have moratoriums in place that prohibit most residential evictions within the city or county borders. Here is an overview of the eviction protections afforded by Oakland’s Eviction Moratorium. Who Is Covered By Oakland’s Residential Eviction Moratorium? Oakland’s Eviction Moratorium applies to…