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What options are available to a landlord when a tenant causes damage to the rental property? For damages beyond normal wear and tear, the landlord is entitled to charge the tenant for loss. The tenant may also be subject to eviction for causing the property damage. Here’s are some suggestions on how to approach and…
A California landlord is entitled to evict a tenant who causes or permits a nuisance. This article discusses what constitutes a nuisance under California law and how to deal with the problem from a practical and legal perspective. “Nuisance” Defined A nuisance is defined as an act that is injurious to health or is indecent…
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…