Jury Trial Demands in a California Unlawful Detainer Action

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…

How Landlords should Handle an Offer of Payment in Response to a 3 Day Notice to Pay or Quit

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…

Common Mistakes made by California Landlords when Renting to Tenants

Owning a rental unit can be a profitable business.  However, the success of the business depends in large part on the extent to which you, as the landlord, can minimize or avoid common mistakes landlords typically experience while selecting tenants and/or managing a property.  Here is an overview of some of the most common errors…

Unlawful Detainer vs Forcible Detainer – Similarities and Differences Between Respective Actions

An unlawful detainer and a forcible detainer have the same objectives — to legally remove an occupant from your rental property. So what is the difference?  We discuss the distinguishing characteristics of the respective actions below.  Unlawful Detainer Unlawful detainer is the primary method landlords use to evict tenants for nonpayment of rent or other…

What Eviction Protections Remain in Effect in the City and County of Los Angeles?

The City of Los Angeles’ eviction protection moratorium expired on January 31, 2023.  In response, the Los Angeles City Council recently passed multiple ordinances designed to provide residential City tenants with permanent protections against eviction and rent increases.  In addition, protections under the countywide eviction moratorium presently remain in effect until March 31, 2023. Synopsis…

Survival Tips for First Time Landlords

Owning rental property is a great way to earn extra income, but becoming a landlord also requires the expenditure of significant time and resources tending to the landlord-tenant relationship.  Here are some suggestions to help first time landlords avoid common mistakes to ensure the process runs as smoothly as possible.  Proper Screening of Tenants Screening…

When is a Rental Unit Considered Uninhabitable and what are the Tenant’s Remedies?

California landlords have an obligation to ensure the rental unit is fit to live in, or habitable. As part of this duty, landlords must repair problems that make the rental unit unfit to live in. This obligation arises from the implied warranty of habitability that is part of all residential leases, irrespective of whether the…

Subleasing Principles Under California Law

Subleasing is an effective tool used by tenants to reduce living expenses or replace roommates.  This article discusses the fundamentals of a sublease arrangement and explains the parties’ rights and obligations under such an agreement.    What is a Sublease? A sublease is the re-renting of property by an existing tenant to a new third…

Can My Tenant Smoke Marijuana in the Rental Unit?

The legalization of marijuana use in several states, including California, has created confusion over the conflict now existing between state and federal laws addressing the legality of its use.  Does legalizing marijuana use allow California tenants to successfully argue they are entitled to smoke marijuana in a rental unit?  The short answer is “no”.  Landlords…