Includes Notices, Unlawful Detainer, and Sheriff Lockout.
Noise is one of the more common complaints a landlord receives from a tenant. This article discusses issues typically arising from noise complaints and offers guidance on how to address them when they surface. The Right To Quiet Enjoyment Every renter has a right not to be disturbed by excessive noise. This right is one…
It’s important to be proactive after evicting a tenant so that you get your business back on track as quickly as possible. Here is a brief overview of some of the issues facing landlords after a successful eviction, and recommended strategies going forward. Change The Locks You should change the locks as soon as possible…
If you are in the property rental business, it is only a matter of time before you will have to evict someone from your dwelling. This article explains how to avoid some of the more common eviction mistakes committed by landlords when evicting a tenant from their property. Self Help Filing an Unlawful Detainer action…
A well-drafted lease or rental agreement can be critical to your success in the property rental business. What goes into the agreement determines whether you profit or fail as a landlord. Leaving out important items lets tenants take advantage of you, and not including California and Federal law requirements subjects you to fines and penalties….
Code of Civil Procedure §1161 was designed by the California Legislature to provide an inexpensive and expeditious procedure for a landlord to regain rental property unlawfully in the tenant’s possession. The salutary purpose of this law has been increasingly frustrated by delay tactics employed by tenants who want to contest the proceeding and stay in…
What Is A Retaliatory Eviction? Retaliatory eviction arises when the eviction is intended to punish the tenant because the tenant committed a legal act. It is illegal for a landlord to retaliate against a tenant California tenant who has exercised a legal right, including: • complaining to the landlord about unsafe or illegal living conditions…
Discovery is a way to obtain information from the other side to help prepare for trial and minimize the chances of an unexpected surprise at trial. Discovery is an optional phase of the California unlawful detainer eviction process. If either the landlord or tenant sends discovery questions to the other side, responses will be required…
Landlords in Arizona are allowed to file an Eviction Action under the Rules of Procedure for Eviction Actions (also known as RPEA). Below are the individual steps of the eviction process in Arizona. STEP ONE: NOTICE IS POSTED Landlords in Arizona initiate the eviction process by providing notice to the tenant of the reason for…
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…
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