Includes Notices, Unlawful Detainer, and Sheriff Lockout.
As a matter of fairness, litigants in any lawsuit are entitled to notice of the proceeding and an opportunity to be heard. In legal parlance, this is called “service of process”. Eviction proceedings are no different. Residential landlords seeking to remove a problem tenant in California are required to notify them of the proceeding in…
This article offers tips on how to identify, address and hopefully avoid illegal activities taking place on your property. We also briefly discuss the scope of a landlord’s potential liability for criminal activity at the premises. Identifying Suspicious Activities There are many clues of possible illegal activity at a rental unit. Your senses of sight…
This article explores the fundamental steps to pursuing any Unlawful Detainer case in California. This is not meant to be a comprehensive guide to prosecuting the case, but merely provides a brief overview of each step in the process. Prepare the Tenant’s File The first step in the process is to prepare the tenant’s file…
San Francisco has its own Rent and Eviction Control Ordinance, found in Chapter 37 of the San Francisco Administrative Code. Under the Ordinance, rents can only be raised by certain amounts per year and the most tenants can only be evicted for “just cause.” This article provides an overview of the “just cause” provisions of…
Some tenants enter a lease transaction without any intention of complying with the agreement’s terms and conditions. Their main objective is to obtain possession of the property. Possession triggers a variety of tenant rights, making it time-consuming and expensive to lawfully remove them from the premises. Until that happens these so-called “professional” tenants pay little…
When a unit is sold while occupied by a California renter, the renter retains certain tenant rights that must be respected. Simply selling the property does not usually justify an immediate eviction of a tenant. Here is an overview of a tenant’s rights upon the actual or contemplated sale of the property. Lease Provisions As…
California landlord-tenant laws specify the rules a landlord must follow when dealing with his or her tenant. Here is an overview of the most common duties landlords owe to their tenants. Duty To Provide Safe and Habitable Premises In California, landlords are legally obligated to ensure that a rental property is habitable under the ‘implied warranty of…
This article discusses potential post-judgment activities in an eviction case where the landlord obtains a judgment of possession against the tenant. What happens next? Nothing further will happen unless one of the parties takes affirmative steps to further their objectives. For the landlord, this would mean requesting a writ of possession, which gives the Sheriff…
A tenant facing eviction can and usually does assert a long list of affirmative defenses to the lawsuit. Here is an overview of some of the most commonly asserted defenses to a California eviction case. Landlord Did Not Follow Proper Procedure A landlord must strictly comply with all rules and regulations governing evictions set forth…
Landlords can save time and money by taking appropriate preventative measures to minimize potential liability to a tenant. Here are some suggestions to help you to avoid tenant lawsuits arising from the landlord-tenant relationship. Thorough Screening The screening process is your opportunity to develop detailed information regarding the tenant’s background and rental history. This information…