Eviction Service

California landlords can invoke special procedures to obtain immediate possession of their property when the tenant is out of state or concealed. First, the landlord must file the eviction action in court.  The action does not need to be served on the tenant.  Instead, the landlord is required to file a motion for writ of…

It is essential for landlords and tenants to have a clear understanding of their respective rights and obligations for utility charges at the rental unit. Communication and precise documentation about utility responsibilities are crucial for a successful landlord-tenant relationship.  The Lease Agreement Controls The lease agreement should clearly outline how the parties have allocated responsibility…

California landlords have the right to evict their tenants when they become a “nuisance” to others in the vicinity.  This article explains California’s requirements for maintaining a successful nuisance eviction against a tenant. What is a “Nuisance”? So, what constitutes a nuisance to support an unlawful detainer under California Code of Civil Procedure 1161(4)? A…

Sometimes it’s in the landlord’s best interest to attempt to settle an eviction case before engaging in time-consuming and expensive litigation. Here is an overview of two of the most common types of eviction settlements and the reasons why a landlord might want to pursue settlement as an alternative to litigation.  Stipulation for Entry of…

Santa Monica’s rent control laws include eviction protections limiting evictions to the reasons enumerated by the ordinance.  Here is a summary of the eviction control provisions of the ordinance. Registration Requirement All covered properties must be registered with the City.  Santa Monica, Cal., Rent Control Law § 1803(q).  Landlords that fail to have properly registered…

Los Angeles landlords need a reason to evict a tenant that is authorized by the City’s eviction laws.  This article discusses the allowable reasons for an eviction in the City of Los Angeles, under the Los Angeles Rent Stabilization Ordinance (LARSO) and the City’s “Just Cause” Ordinance (JCO). The first step is to determine whether…

One of the first questions Los Angeles landlords need to answer is whether their rental property is subject to just cause eviction protections of either the Los Angeles Rent Stabilization Ordinance or the recently enacted Just Cause Ordinance.  This article explains the steps necessary to make this determination, which will impact whether and under what…

In California, the ground rules for evicting a commercial tenant are very similar to the procedures utilized to evict a residential tenant.  Here is an overview of the eviction procedure for commercial evictions in California. Grounds for Eviction Commercial tenants in California can be evicted for several reasons.  The most common reasons are: Non-payment of…

This article discusses the enforceability of a late fee provision in a California rental contract.  The short answer is that such a clause is disfavored – but enforceable – provided the landlord meets his burden of establishing proper disclosure of the fee in the rental agreement, and that the fee is limited to a reasonable…

In California, when a tenant fails to pay rent on time the landlord must give the tenant a three-day notice to pay rent or quit before initiating an eviction lawsuit (known as an unlawful detainer action) against the tenant. This written notice informs the tenant that they have three days to either pay the full…