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…

Pros and Cons of Purchasing Rental Property Occupied by Existing Tenants

Buying a rental dwelling with existing tenants has risks and benefits. This article summarizes the pros and cons of purchasing a home with existing tenants and the potential challenges faced by landlords contemplating a purchase of tenant-occupied property.  The Existing Lease Agreement Controls When rental property is purchased by a new owner, he or she…