Includes Notices, Unlawful Detainer, and Sheriff Lockout.
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…
The process of terminating any California tenancy starts with delivery of the initial notice to vacate the premises. The first and most common reason to evict any tenant is for non-payment of rent. There are four major differences between a residential notice for non-payment of rent and a commercial notice for non-payment of rent, discussed…
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…
The short answer is “No”. California has adopted a specific statutory scheme to supplant the common law “self-help” remedy for evicting a tenant. In short, California Law, prohibits the landlord from forcibly entering onto the rental property to evict a tenant without a lawful judgment and writ of possession. No person out of possession of…
In general, owners and lessors of rental property are proper plaintiffs an unlawful detainer action filed against their tenants. Property owners often give property management companies or other agents the authority to handle day-to-day affairs of the rental, including entering into a written agreements authorizing an agent to execute leases, collect rents, and recover possession…
What is a Notice of Belief of Abandonment?What should you do if you suddenly discover that the tenant on your property has not been seen in weeks and is nowhere to be found?Tenants who break their lease and leave the property without notice to the landlord are an increasingly common occurrence, particularly in California, as…
OVERVIEW OF CALIFORNIA’S EVICTION PROCESS What are the necessary steps for a California eviction and how long does the process take? Here is a brief procedural overview which includes general time estimates for completing each required phase. As discussed below, there are many factors to consider when estimating the time it will take to complete…
Evicting a tenant can take several months. If the tenant doesn’t object to this, it’s best between 35 and 60 days. However, if a tenant opposes the eviction, it can take longer. Then the court will issue an eviction document notifying residents that they must be out at a specific date and time. Sheriffs post orders on their doorstep, ensure they are removed from the specified property and schedule a lockdown meeting with the landlord/owner.
Here are some good reasons why you should hire and build a relationship with a good landlord attorney to help you identify the legal and expensive liabilities a landlord may incur for miscarriage. Their property without knowing the law can greatly affect the profitability of your real estate investment.