Includes Notices, Unlawful Detainer, and Sheriff Lockout.
Your tenant has been served with a Notice to Pay Rent or Quit. The tenant failed to comply with the notice and is still residing at your property. You take the next step in the eviction process by filing an unlawful detainer lawsuit and serving it on the tenant. The tenant responds by filing a…
This article discusses the benefits and disadvantages of using mediation as an alternative method of resolving an unlawful detainer lawsuit. What is Mediation? Mediation is a form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary settlement of a dispute. It is an informal process in which the…
If you’re a Los Angeles property owner seeking to evict or temporarily displace a tenant, you may be required to provide relocation assistance to the tenant in accordance with Los Angeles’ Rent Stabilization Ordinance (RSO). This article summaries the properties falling within the RSO, and the circumstances under which relocation assistance is required. What…
In May 2017, the San Jose City Council passed the Tenant Protection Ordinance (“TPO”), which requires landlords to have “just cause” (i.e., a legitimate, recognized reason) for evicting a tenant residing within the City’s boundaries. Here is an overview of the salient provisions of the TPO. What Properties Are Covered by the Ordinance? The TPO…
“Due process” is a fundamental component of almost any lawsuit, including unlawful detainer actions. This legal concept ensures the defendant has proper notice and an opportunity to be heard in any action affecting his or her personal or property rights. The right to receive proper notice (and the notice’s required contents) are heavily scrutinized in…
Oakland has adopted an eviction control ordinance which prohibits a property owner from terminating a tenancy without good or just cause. Here is an overview of the scope of protections provided by the Ordinance, and the remedies available to a tenant when a landlord does not comply with its provisions. What Properties are Covered by…
California has a statewide “just cause” eviction control ordinance (CCP 1946.2), requiring an eviction to be based on one of the enumerated reasons set forth in the statute. Many local jurisdictions, including the City of San Diego, have enacted their own just cause eviction control ordinance. Here is a summary of the salient aspects of…
In our 10/16/22 post we discussed ways to avoid renting to financially irresponsible tenants. Unfortunately, the reality is that non-paying or habitually late paying tenants are difficult to identify and avoid, even for those landlords who spent the time properly screening the tenant at the inception of the relationship. Here are some tips on collecting…
Paying rent on time is the tenant’s most fundamental obligation under any lease or rental agreement. When tenants pay late or less than the agreed amount, they have breached the lease agreement, creating “just cause” cause for an eviction. Once they are out of the property, landlords must determine whether its economically feasible to seek…
This article discusses how to favorably resolve an eviction case in situations where the tenant fails to respond to the unlawful detainer complaint. Since approximately 50% of all the cases we handle are decided by default proceedings, it is important for the landlord to understand how this process works. After the tenant is served with…