Sometimes it’s in the landlord’s best interest to attempt to settle an eviction case before engaging in time-consuming and expensive litigation. Here is an overview of two of the most common types of eviction settlements and the reasons why a landlord might want to pursue settlement as an alternative to litigation. Stipulation for Entry of…
One of the first questions Los Angeles landlords need to answer is whether their rental property is subject to just cause eviction protections of either the Los Angeles Rent Stabilization Ordinance or the recently enacted Just Cause Ordinance. This article explains the steps necessary to make this determination, which will impact whether and under what…
This article discusses the role of a demurrer in an unlawful detainer proceeding, and how tenants have historically used it as a litigation tactic to delay entry of an eviction judgment against the tenant. What is a Demurrer? A “demurrer” is a pleading filed by a tenant challenging the legal sufficiency of a complaint. It…
There are two types of no fault evictions in the City of Los Angeles. First, there are the no fault evictions permitted under the City’s Just Cause Ordinance (JCO). Second, there are the no fault evictions authorized by Los Angeles’ Rent Stabilization Ordinance (RSO). The JCO was passed by the LA City Council in…
Real estate investors seeking to purchase properties through foreclosure should be aware of the Protecting Tenants at Foreclosure Act (PTFA) (12 USC 5220). The PFTA is a federal law that provides safeguards for tenants facing eviction from rented properties subject to foreclosure. Before enactment of the PTFA most renters, including those with existing leases…
Here’s what you need to know about terminating a California tenancy based on the tenant’s failure to pay rent. The Three-Day Notice to Pay Rent or Quit Nonpayment of rent evictions begin with preparation and service of a 3 Day Notice to Pay Rent or Quit that fully complies with California Code of Civil Procedure…
This article discusses the process for evicting a mobile home owner from a mobile home park based on failure to pay rent, utilities or other incidental service charges specified by the rental agreement. The procedure is governed by California’s Mobilehome Residency Law (MRL), which applies only to the mobile homeowner’s rental of a specific site on which the…
The federal CARES Act (enacted March 27, 2020) imposed a temporary moratorium on eviction filings for residential properties financed by federally backed mortgage loans or participating in federal affordable housing programs. The CARES Act included a provision requiring landlords of covered properties to give tenants at least 30 days’ notice to vacate the premises in…
Under California law, when an owner rents real property to the resident, the resident is entitled to exclusive possession of the premises, even to the exclusion of the owner or property manager of the premises. There are, however, exceptions to this general rule, as codified by Civil Code section 1954. Here is a summary of…
Once title is perfected, the buyer should notify the occupants, in writing that they are the new new owners. Notice must be in writing, and should have contact information of the new owners. We suggest delivering personally, or by posting the notice on the door if no one answers the door. Many experienced trustee…