8 Steps to Preparing a 3-Day Notice of Eviction

Preparing a 3-day notice to pay rent or quit? Use this checklist to be sure that you get the form and content of the notice right. Continue reading

What to Do After Getting a Tenancy Termination Notice

apartment for rent sign put up after evictionA tenant who receives a 30-day or 60-day notice to terminate a periodic tenancy needs to jump into action (or inaction, in some situations). Depending on the circumstances, here’s what a tenant or tenant counsel should do. Continue reading

Have a Habitability Problem? Take These 3 Initial Steps

home so flooded it's uninhabitableWhether it’s ignoring a reported bug infestation or leaving electrical wiring dangerously exposed, a landlord’s failure to make necessary repairs may render the premises uninhabitable. Although there are many legal remedies available for a breach of the warranty of habitability, your initial duties as a tenant’s attorney is to simultaneously safeguard the tenant’s well-being and preserve any relevant claims. Continue reading

How to Compute 3-Day Notice Period for Eviction

140044171Landlords can’t bring an action for unlawful detainer based on nonpayment of rent until the 3 days required to pay rent or quit have expired. Computing that 3 days can be tricky—and the whole case hinges on it. Continue reading

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

ThinkstockPhotos-124642612A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out of his residential rental unit in Los Angeles. If you read this case too quickly, you might think it applies to any situation in which a tenant runs a short-term rental business from an apartment in California. But not so fast! Continue reading

To Evict or Not to Evict?

A client comes to you and wants to evict his or her tenant. Before you start drawing up the unlawful detainer complaint, you need to understand why your client wants to evict — is it a financial decision or an emotional one? Does it make sense financially? Is it because your client wants to live in the property? Continue reading

Self-Help Eviction: Don’t Even Think About It!

Here’s an all-too-common scenario these days: A property goes into foreclosure, the owner who buys the foreclosed property wants to evict the current tenants, who are living there lawfully. The owner decides to skirt the normal legal processes and engage in aself-help eviction.  This is a very risky and potentially illegal course of action!  Continue reading