Eviction Service

This article summarizes the “just cause” eviction control provisions of the City of Concord’s Tenant Protection Program (“TPP”) (Concord, Cal. Municipal Code section 19.40.010 et seq.)  Below we discuss the TPP’s allowable just cause reasons for eviction, and the penalties for violating the ordinance. Covered Properties Any unit rented as a “home, residence, or sleeping…

Code of Civil Procedure 1162 provides three ways to serve a tenant with a notice terminating the tenancy such as a Notice to Pay Rent or Quit.  Here is an overview of the authorized methods of service of process for the notice.  If the notice is not served by one of these allowable methods, the…

In cities with eviction control ordinances like Oakland, landlords need a specific reason to evict, known as a “just cause”. One of the most common “just cause” reasons to evict a tenant is when the property owner or one of his family members wants to move into the unit. This is known as an owner…

There are two types of no fault evictions  in the City of Los Angeles. First, there are the no fault evictions permitted under the City’s Just Cause Ordinance (JCO). Second, there are the no fault evictions authorized by Los Angeles’  Rent Stabilization Ordinance (RSO).   The JCO was passed by the LA City Council in…

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. …