Includes Notices, Unlawful Detainer, and Sheriff Lockout.
Real estate investors seeking to purchase properties through foreclosure should be aware of the Protecting Tenants at Foreclosure Act (PTFA) (12 USC 5220). The PFTA is a federal law that provides safeguards for tenants facing eviction from rented properties subject to foreclosure. Before enactment of the PTFA most renters, including those with existing leases…
On August 27, 2024, the Antioch City Council approved a “Just Cause” eviction control ordinance limiting the ability of landlords to evict tenants except for specific reasons, and requiring payment of relocation assistance to displaced tenants. The ordinance covers most rental units in the City of Antioch. Here is a summary of the Ordinance. Allowable…
Here’s what you need to know about terminating a California tenancy based on the tenant’s failure to pay rent. The Three-Day Notice to Pay Rent or Quit Nonpayment of rent evictions begin with preparation and service of a 3 Day Notice to Pay Rent or Quit that fully complies with California Code of Civil Procedure…
California has a statute giving certain victims of abuse the right to terminate their existing lease without liability for payments due over the remaining lease term. Under Civil Code Section 1946.7, victims of abuse who have a restraining order, a police report, or documentation from a qualified third-party can break their leases because of the…
In California and elsewhere an eviction is the most common method of regaining possession of real property unlawfully occupied by another. There are, however, other recognized ways to regain possession of a dwelling including pursuit of an ejectment action against the occupant. This article highlights the differences between the respective actions and the importance of…
A common ground for eviction in California includes one based on the tenant’s violation of the lease agreement or rental contract. However, California law recognizes that while every instance of noncompliance with a contract’s terms constitutes a breach, not every breach justifies treating the contract as terminated, as required to support an unlawful detainer action. …
This article highlights the differences between lease agreements and rental contracts, and the pros/cons of choosing one over the other when renting to a tenant. Characteristics of Lease Agreement A lease agreement requires tenants to pay on time and consistently on a set day of the month, and typically includes many other provisions relating to…
Apartment complex owners, mobile home parks and other landlords often provide their on-site managers and workers with free housing or reduced rent as an incentive to accepting the employment. While the arrangement can be mutually beneficial, issues can arise when the employment ends but the employee refuses to leave. When that happens, is an eviction…
A Nevada tenant can be evicted for intentionally or negligently damaging the rental unit. Here’s a synopsis of Nevada law on this subject. Legal Basis for Property Damage Evictions Under Nevada law, landlords can evict tenants who cause significant damage to the rental property. Damaging the rental unit is considered a lease violation. To…
Senate Bill SB 567 (effective on April 1, 2024) makes changes to two specific types of evictions under The Tenant Protection Act of 2019. Specifically, SB 567 modifies the rules governing no-fault evictions arising from substantial remodels, and owner/family member move-ins. Here is a summary of those changes. Substantial Remodel Eviction Changes Under the new…