Includes Notices, Unlawful Detainer, and Sheriff Lockout.
What Is A Constructive Eviction? In California, there is an implied warranty of habitability requiring the landlord to provide rental property conditions fit for the occupation of human beings. The rental property in question must comply with or exceed California health and building code standards that materially affect a tenant’s health and safety. Constructive eviction…
How do you go about evicting someone who is not on the lease and has moved into the rental unit before the unlawful detainer lawsuit is filed? The landlord can include them as defendants in the eviction action, even if the landlord doesn’t know who they are. This is accomplished serving the occupants with a…
When Can a Landlord Enter a Rental Unit? As the landlord, do you possess the right to enter your tenant’s home whenever you want? The short answer is “No”, since such a rule would infringe on the tenant’s privacy rights and his or her rights to quiet enjoyment of the premises. California Civil Code section…
This article explains the meaning of a tenancy at will in California, and the required procedures to be followed by the landlord when terminating the tenancy at will. What is a Tenancy at Will in California? A “tenancy at will” is an estate which confers a right to the possession of premises leased for an…
Landlords of non-exempt property seeking to evict a tenant need to show “just cause” for the eviction when (1) all tenants have continuously and lawfully occupied the unit for 12 months or longer; or (2) at least one tenant has continuously and lawfully occupied the unit for 24 months or longer. “Just cause” essentially means…
What Is Relocation Assistance? Relocation assistance is compensation landlords must pay to tenants when they are displaced from their units through no fault of their own. In California, the events triggering the right to relocation assistance include: the owner’s plan to move himself or a family member into the residence, withdrawal of the unit from…
The Section 8 Voucher Program is a tenant-oriented rental assistance program offering subsidized housing for low-income tenants. The main advantage the program offers for landlords is that the program pays the landlord directly for most of the rent charged to the tenant on a monthly basis. There are, however, several unique challenges faced by landlords…
You have successfully evicted a recalcitrant tenant. Can you now hold the tenant responsible for attorneys’ fees incurred in prosecuting the eviction lawsuit? The path to answering this question always begins with a review of your lease or rental agreement with the tenant. Many agreements provide for an award of attorneys’ fees to the prevailing…
The Laws Governing Security Deposits Security deposits are sums of money a landlord requires at the beginning of a rental that will be used in case the tenant fails to pay rent or causes damage to the dwelling. Security deposits in California are regulated by California landlord-tenant law, found in Civil Code 1950.5 and following…
A forcible detainer occurs if a person unlawfully holds possession of any real property through violence or threats, or unlawfully enters a rental unit at nighttime or during the occupant’s absence, and refuses to surrender the premises for five days after demand to return possession. To qualify for a Forcible Detainer action, the owner/lessor of…