Common Mistakes Made By Landlords In The Eviction Process

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…

What To Include When Preparing A California Lease Or Rental Agreement

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….

How Tenants Use The Legal Process To Delay A California Eviction

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…

Retaliatory Evictions In California

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…

Use Of Discovery Tools In California Unlawful Detainer Actions

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…

Constructive Evictions And How To Avoid Them

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…

Summary Of Landlord’s Right To Enter Rental Unit

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…