In California, in order to speed up the unlawful detainer process for landlords, the law in California permits landlords to obtain a possession only judgment against the tenants in possession.  This means, the court deals with possession only and does not deal with any rental damages due.  This is an important tool for landlords as […]

Here are a three tips when defending a California Unlawful Detainer: 1.  Make sure the three-day notice is correct.  Any procedural defect in the complaint or the three-day notice can have a devastating effect on the landlord’s eviction attempt in the State of California.  Accordingly, upon receipt of an unlawful detainer or a three-day notice […]

 A tenant’s filing of a bankruptcy petition does not automatically terminate the remaining term on an unexpired lease. When a tenant files a bankruptcy petition, this triggers an automatic stay associated with bankruptcy proceedings. An automatic stay prohibits potential creditors from taking legal action against the bankruptcy debtor without first obtaining relief (permission) from the […]

Unlawful Detainer proceedings are summary proceedings.  As such, the court is not equipped to handle lengthy disputes over title and ownership.  As a result, California case law suggests that unlawful detainer courts cannot deal with title disputes.   This does not mean, however, that title is presumed to be proper with the plaintiff who brings an […]

This fall Schorr Law will be publishing an e-book which will provide a step by step overview and analysis of how to litigate unlawful detainer actions in California from a landlord and a tenant’s perspective.  This will be a great resource for anyone looking for a “do it yourself” unlawful detainer guide. Check back for more information on […]

Here are three strategy tips for defending an unlawful detainer in California: 1.  Serve discovery when you file your answer or other responsive pleading.  This will give you a preview of the evidence and theories that the landlord will try to assert at trial.  Basic discovery can be conducted using judicial council form interrogatories.  All […]

  1.      Is your three day notice to pay rent or quit valid?  Among other things, a three day notice to pay rent or quit must state the actual amount of rent due (residential) or provide a reasonable estimate of the amount of rent due (commercial).  In addition the 3 Day Notice must provide an […]

Unlawful Detainer defendants whether it be for a commercial unlawful detainer or a residential unlawful detainer in California should prepare the following documents when responding to an unlawful detainer complaint: 1.  Answer or Responsive Pleading:  This document must be filed within 5 days of being served with the complaint.  If the complaint was substitute served you may have […]