Includes Notices, Unlawful Detainer, and Sheriff Lockout.
This article discusses how to deal with individuals who are not a party to the lease agreement but are living your rental unit. The issue is important since unauthorized occupants are not bound by the lease agreement and create an added layer of risk associated with owning a rental unit. Below we discuss the ways…
There are three types of 3 Day eviction notices in California – the 3 Day Notice to Quit, the 3 Day Notice to Perform Covenant or Quit, and the 3 Day Notice to Pay Rent or Quit. This article discusses the required content for each notice, how they are served, and how to calculate the…
California has specific laws governing a landlord’s rights and obligations arising from a security deposit held by a landlord under a rental contract. This article provides an overview of the statutory scheme. Civil Code 1950.5 defines the rules governing the accounting and return of security deposits in California. It provides in relevant part that no…
Jury trials are problematic for landlords seeking to legitimately evict their tenants. Tenants hope that a looming jury trial will cause a better settlement, meaning more money paid to the tenant to get them to move out. Unfortunately, as discussed below, the right to a jury trial exists under California law if the tenant meets…
A 3 Day Notice to Pay Rent or Quit is commonly used by Landlords when dealing with a tenant who is delinquent on his monthly rental payments. Often the Notice is ignored, forcing the landlord to pursue an eviction lawsuit against the tenant. But what happens if the tenant wants to pay? Should the landlord…
Owning a rental unit can be a profitable business. However, the success of the business depends in large part on the extent to which you, as the landlord, can minimize or avoid common mistakes landlords typically experience while selecting tenants and/or managing a property. Here is an overview of some of the most common errors…
An unlawful detainer and a forcible detainer have the same objectives — to legally remove an occupant from your rental property. So what is the difference? We discuss the distinguishing characteristics of the respective actions below. Unlawful Detainer Unlawful detainer is the primary method landlords use to evict tenants for nonpayment of rent or other…
The City of Los Angeles’ eviction protection moratorium expired on January 31, 2023. In response, the Los Angeles City Council recently passed multiple ordinances designed to provide residential City tenants with permanent protections against eviction and rent increases. In addition, protections under the countywide eviction moratorium presently remain in effect until March 31, 2023. Synopsis…
Owning rental property is a great way to earn extra income, but becoming a landlord also requires the expenditure of significant time and resources tending to the landlord-tenant relationship. Here are some suggestions to help first time landlords avoid common mistakes to ensure the process runs as smoothly as possible. Proper Screening of Tenants Screening…
California landlords have an obligation to ensure the rental unit is fit to live in, or habitable. As part of this duty, landlords must repair problems that make the rental unit unfit to live in. This obligation arises from the implied warranty of habitability that is part of all residential leases, irrespective of whether the…