The Ellis Act is a 1986 California state law allowing landlords to exit the rental business by removing their property from the rental market. While this law provides a legal pathway for landlords to reclaim control of their property, it is governed by strict regulations. If you’re a landlord considering an Ellis Act eviction, it’s…
Evicting a tenant in California for committing waste is a legally complex process that requires careful adherence to state laws and proper documentation. Waste, in legal terms, refers to a tenant’s actions that substantially or permanently diminish the market value of the rental property. This can include severe property damage, unauthorized alterations, or neglect that…
In California, tenants are protected by a body of laws that ensure their rights to essential utilities such as water, electricity, and gas. A landlord’s decision to shut off utilities, whether intentional or not, can lead to significant legal consequences. This article explores the legal framework surrounding a landlord’s liability for shutting off utilities in…
At the heart of virtually all California eviction proceedings lies the notice to terminate the tenancy, which takes multiple forms depending on the underlying basis for the eviction. This notice is not merely a formality; it is a legal requirement that serves as the foundation for every California eviction proceeding. If the contents are inaccurate…
California is considering legislation making it easier for property owners to remove squatters from their property. The Trespassing Response & Remedies Act (SB 448) establishes a speedy process for property owners and homeowners to remove trespassers (also known as squatters) without having to file an unlawful detainer action in court. The Problem Under existing California…
In California, mobile home owners enjoy a unique set of protections under the Mobilehome Residency Law (MRL). However, there are specific grounds under which a mobile home owner can be evicted from a mobile home park. Understanding these grounds is crucial for both park owners and residents to ensure compliance with state laws and to…
In California, the warranty of habitability is a legal doctrine that ensures rental properties meet basic living and safety standards. When a tenant claims a breach of this warranty, landlords must be prepared to defend themselves effectively. Here’s an overview of how to navigate such a defense. Understanding the Warranty of Habitability The warranty of…
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…
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…
OVERVIEW OF CALIFORNIA’S EVICTION PROCESS What are the necessary steps for a California eviction and how long does the process take? Here is a brief procedural overview which includes general time estimates for completing each required phase. As discussed below, there are many factors to consider when estimating the time it will take to complete…