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…
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 provides an overview of the most common “wrongful” eviction scenarios under California law, and the types of damages that may be recovered by a tenant in a wrongful eviction action against a landlord. What is a Wrongful Eviction? A wrongful eviction occurs whenever a landlord displaces a tenant without following proper legal…
The California Tenant Protection Act allows landlords to evict tenants because the landlord wants to “substantially remodel” the unit. This article discusses the requirements for a successful eviction action on this ground. In short, the TPA (as amended by SB 567) requires a high degree of transparency from landlords when terminating a tenancy based on…
Commercial tenants have historically been left out of the growing body of laws protecting residential tenants in California and elsewhere. However, recent legislation found in Senate Bill 1103 – known as the Commercial Tenant Protection Act — is intended to level the playing field between landlords and certain “mom and pop” commercial tenants. The goal…
The Concord City Council recently voted to implement a rent and eviction control ordinance, which caps yearly rent increases and requires landlords to have “just cause” before evicting a tenant. The new rent control provisions will limit annual rent increases to the lower of 3% or 60% of the Consumer Price Index (CPI), which applies…