Eviction Service

Buying a rental dwelling with existing tenants has risks and benefits. This article summarizes the pros and cons of purchasing a home with existing tenants and the potential challenges faced by landlords contemplating a purchase of tenant-occupied property.  The Existing Lease Agreement Controls When rental property is purchased by a new owner, he or she…

There are limited circumstances permitting a landlord to change the locks on a California tenant.  This is because a lock change interferes with a tenant’s right to lawful possession of the rented premises under the terms of the lease or rental contract. Competing considerations are at play, namely, the tenants right to possession, and the…

California landlords have an obligation to keep their rental properties in a livable condition. When they don’t, tenants have the right to break their lease, move out, and seek to recover all resulting damages. This is known as a “constructive eviction”.  It occurs whenever the tenant is forced to move from a rental unit that…

Property damage is a major concern for any landlord who turns over the keys to a tenant.  Accordingly, it is important for the landlord to understand the parties’ respective obligations for damage to property occurring during the tenancy.  In short, California law provides that landlords are responsible for normal “wear and tear” damage, and any…

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…