Eviction Service

This article discusses potential post-judgment activities in an eviction case where the landlord obtains a judgment of possession against the tenant.  What happens next?  Nothing further will happen unless one of the parties takes affirmative steps to further their objectives.  For the landlord, this would mean requesting a writ of possession, which gives the Sheriff…

A tenant facing eviction can and usually does assert a long list of affirmative defenses to the lawsuit.  Here is an overview of some of the most commonly asserted defenses to a California eviction case. Landlord Did Not Follow Proper Procedure A landlord must strictly comply with all rules and regulations governing evictions set forth…

Landlords can save time and money by taking appropriate preventative measures to minimize potential liability to a tenant.  Here are some suggestions to help you to avoid tenant lawsuits arising from the landlord-tenant relationship. Thorough Screening The screening process is your opportunity to develop detailed information regarding the tenant’s background and rental history.  This information…

This article explores guests staying overnight in rental units and provides guidance on how to draft an enforceable guest limitation clause. In short, while no published California court opinion has considered the matter, it may be possible for tenants to successfully argue that a burdensome restriction on overnight guests violates their right to privacy, and/or…

The Los Angeles County eviction moratorium went into effect in March 2020.  In its original form the moratorium protected all residential and commercial tenants from “no fault” evictions, certain “at fault” evictions, and those based on non-payment of rent where the tenant showed the non-payment was the result of a Covid 19 related hardship.  The…

When tenants vacate a rental property, they occasionally leave behind items of personal property. Nevada law provides specific procedures landlords must follow when dealing with the tenant’s property. Here is an overview of those procedures.  Has The Property Been Abandoned? The threshold question that must first be answered is whether the property has actually been…

The Oakland Eviction Moratorium is currently one of the few eviction moratoriums still in effect in California.  It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every reason.  Here is an overview of what the moratorium does and does not cover. Which Rental Units Does The Moratorium Cover? The…

In the landlord-tenant relationship, both parties have duties and responsibilities owed to each other when it comes to upkeep of the property. While a landlord is required to maintain a rental that’s suitable for tenants to live in, tenants must also fulfill their duties and ensure that they take care of the unit properly while…

Landlords in California face their fair share of challenges, including those arising from a rental property that falls into a state of disrepair. Under the implied warranty of habitability, the landlord is legally responsible for maintaining a habitable rental unit – including making repairs to the property.  What happens when the landlord fails to satisfy…