Eviction Service

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…

When Can a Landlord Enter a Rental Unit? As the landlord, do you possess the right to enter your tenant’s home whenever you want? The short answer is “No”, since such a rule would infringe on the tenant’s privacy rights and his or her rights to quiet enjoyment of the premises. California Civil Code section…

This article explains the meaning of a tenancy at will in California, and the required procedures to be followed by the landlord when terminating the tenancy at will. What is a Tenancy at Will in California? A “tenancy at will” is an estate which confers a right to the possession of premises leased for an…

Landlords of non-exempt property seeking to evict a tenant need to show “just cause” for the eviction when (1) all tenants have continuously and lawfully occupied the unit for 12 months or longer; or (2) at least one tenant has continuously and lawfully occupied the unit for 24 months or longer. “Just cause” essentially means…

What Is Relocation Assistance? Relocation assistance is compensation landlords must pay to tenants when they are displaced from their units through no fault of their own. In California, the events triggering the right to relocation assistance include: the owner’s plan to move himself or a family member into the residence, withdrawal of the unit from…