Includes Notices, Unlawful Detainer, and Sheriff Lockout.
Before undertaking an eviction action, the landlord should be sure that his or her obligations to the tenant have been met and that no reasonable defenses may be offered. Here is a synopsis of the primary defenses a tenant can raise in response to an eviction. Unlawful Use of “Self-Help” Procedures Landlords in Arizona and…
In California, the divorce process begins when one spouse files and serves a petition to dissolve the marriage. When the non-filing spouse receives notice of the petition he or she is required to respond, typically by filing an answer within 30 days. If no response is forthcoming, the filing spouse can ask the court to…
The first step in the landlord’s decision to terminate a residential tenancy is to give written notice of termination. This article addresses termination of a residential tenancy with a 30 or 60 day notice. Failure to follow proper procedure typically results in the court’s denial of your request to have the tenant removed from the…
In California, the way to initiate an eviction proceeding against a tenant who is behind on rent is to serve him or her with a 3 Day Notice to Pay Rent or Quit. The three-day notice is an official document informing your tenant that they have three days to pay their rent or you will…
Typically, the first step in the eviction process is to “serve” a 3-day, 30-day, or 60-day notice on the tenant. The terms “serve” and “service” refer to procedures required by the law that are designed to increase the likelihood that the person to whom notice is given actually receives the notice. There are different ways…
Although California’s eviction moratorium has expired, a handful of cities/counties, including Oakland, California, still have moratoriums in place that prohibit most residential evictions within the city or county borders. Here is an overview of the eviction protections afforded by Oakland’s Eviction Moratorium. Who Is Covered By Oakland’s Residential Eviction Moratorium? Oakland’s Eviction Moratorium applies to…
In 2019 the California legislature enacted California’s Tenant Protection Act (TPA) of 2019. In addition to limiting annual rent increases for much of California multi-unit residential properties, the TPA requires “just cause” to evict tenants in place for 12 months or more. Here is a synopsis of the TPA, and a breakdown of those properties…
Los Angeles County’s Board of Supervisors has voted to extend its county’s eviction moratorium through the end of 2022, by approving The Los Angeles County Updated Covid-19 Tenant Protections Resolution. The new rules add another layer of complexity to the other eviction protection laws and ordinances passed during the pandemic. Here’s what all the new…
The purpose of an eviction hearing is to determine if the landlord has a legal right to have the tenant evicted for the reason(s) asserted by the landlord. This is your chance to tell your side of the story to the Judge. The landlord should arrive at the hearing prepared to explain to the Judge…
Alameda County’s eviction moratorium makes it illegal for landlords to remove tenants from a home for almost any reason. The ordinance is considered one of the strongest tenant protection measures still in effect in California. With limited exceptions discussed below, the Alameda County eviction moratorium protects most tenants from eviction during this crisis. However, tenants still…