Landlords face potential legal responsibility for failing to protect their tenants from harm caused by criminal activity. They are required to take reasonable precautions, safeguard the common areas, and warn tenants of known or foreseeable risks. This article discusses the parameters of those duties in the context of criminal activities occurring on the premises. Can…
This article discusses a realtor’s right to enter a rental unit, including the procedures that must be utilized to lawfully gain access to the unit and the remedies available to the tenant when a landlord violates a tenant’s rights. In short, a real estate agent or broker can enter a unit to show it to prospective…
California tenants can avail themselves of many different methods to delay an eviction. One of the most common tactics utilized by tenants is to rely on California Code of Civil Procedure section 918 to stay enforcement of Writ of Possession typically issued by the Court after entry of judgment against the tenant. To do so,…
California landlords can invoke special procedures to obtain immediate possession of their property when the tenant is out of state or concealed. First, the landlord must file the eviction action in court. The action does not need to be served on the tenant. Instead, the landlord is required to file a motion for writ of…
It is essential for landlords and tenants to have a clear understanding of their respective rights and obligations for utility charges at the rental unit. Communication and precise documentation about utility responsibilities are crucial for a successful landlord-tenant relationship. The Lease Agreement Controls The lease agreement should clearly outline how the parties have allocated responsibility…
California landlords have the right to evict their tenants when they become a “nuisance” to others in the vicinity. This article explains California’s requirements for maintaining a successful nuisance eviction against a tenant. What is a “Nuisance”? So, what constitutes a nuisance to support an unlawful detainer under California Code of Civil Procedure 1161(4)? A…
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…
Santa Monica’s rent control laws include eviction protections limiting evictions to the reasons enumerated by the ordinance. Here is a summary of the eviction control provisions of the ordinance. Registration Requirement All covered properties must be registered with the City. Santa Monica, Cal., Rent Control Law § 1803(q). Landlords that fail to have properly registered…
Los Angeles landlords need a reason to evict a tenant that is authorized by the City’s eviction laws. This article discusses the allowable reasons for an eviction in the City of Los Angeles, under the Los Angeles Rent Stabilization Ordinance (LARSO) and the City’s “Just Cause” Ordinance (JCO). The first step is to determine whether…
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…