Landlords who own rent-controlled property often wonder if they have to pay relocation fees when they are evicting a tenant in a non-conforming unit who has stopped paying rent. In our experience, landlords feel that they should not pay relocation fees if they are evicting a tenant for non-payment of rent. However, because the non-payment of […]
View PostCommercial Unlawful Detainers – Possible Waiver by Accepting Rent
In the commercial lease context there is generally a greater ability for the landlord to accept payment of rent or less than the full amount of rent and still be able to proceed with the unlawful detainer. The landlord can still pursue the tenant for any deficiency in rent. However, where the landlord accepts the […]
View Post Acceptance of Rent, Commercial Unlawful Detainer, WaiverSealing Your Unlawful Detainer – When Is It Too Late?
Unlawful detainer lawsuits can negatively impair a tenants credit and ability to rent other rental units. Landlords typically do a search of a tenant’s rental history before renting a new unit to the tenant as part of a tenant background check. In fact, there are paid databases that landlords can search to determine a tenant’s rental […]
View Post5 Key Steps to Help You Win An Unlawful Detainer
The Los Angeles real estate attorneys at Schorr Law have developed a comprehensive approach to winning unlawful detainer or eviction matters. Our real estate lawyers understand that each step in the process requires a level of expertise that a general litigator cannot provide. Consider the following 5 key steps in any unlawful detainer action: 1. […]
View PostUnlawful Detainer Stipulated Judgments
Not all unlawful detainer cases should go to trial. Often times, on the day of trial, the parties decide that it makes sense to settle their disputes. For example, a tenant may be wiling to deliver possession of the premises in exchange for the landlord’s payment to the tenant of relocation assistance funds. In those […]
View PostPost Foreclosure Evictions – How Long Can You Stay at the Property?
After a foreclosure the resident of the property – be it the note holder or another authorized occupant – does not necessarily lose all rights to possession. California Civil Code section 1161b provides, subject to certain qualifying conditions, that the tenant under a month to month to month tenancy or a periodic tenancy, in place […]
View Post California Unlawful Detainer, California Unlawful Detainer eBook, Foreclosure, Los Angeles Real Estate Attorney, Los Angeles Unlawful Detainer, Real Estate LitigationWhen Can a Landlord Require Rent to Be Paid In Cash in California?
According to California Civil Code section 1947.3, a landlord at the outset of a lease in California cannot require the tenant to pay rent in cash. Specifically, section 1947.3 (a)(1) provides “a landlord or a landlord’s agent may not demand or require cash as the exclusive form of payment of rent or deposit of security.” […]
View Post Los Angeles Unlawful Detainer, Los Angeles Unlawful Detainer Attorney, Requiring Cash Payment of RentUnlawful Detainer Guide Author Named 2013 Super Lawyer (Rising Stars) For Second Year In A Row
Zachary D. Schorr was named a Super Lawyer (Rising Star) for the second year in a row. The annual list will appear in next month issue of Los Angeles Magazine. Click Zachary D. Schorr – Super Lawyer to view the annual list and to view Mr. Schorr’s name on that list. Each year, no more than […]
View Post Super Lawyers, unlawful detainer, Zachary SchorrAttorney Verification of Unlawful Detainer Complaints – A Recent Conversation
Last week, I had an interesting discussion with an attorney who was dealing with the rampant use of attorney verified unlawful detainer complaints. The attorney had stumbled across the disciplinary record of another attorney who the bar had investigated for improperly verifying an unlawful detainer complaint, apparently on a widespread basis, using the same common […]
View Post Attorney Verification, California Unlawful Detainer, ebook, Los Angeles Real Estate Attorney, Los Angeles Unlawful Detainer, unlawful detainer, Unlawful Detainer EbookUnlawful Detainer Trial Setting: Right to Trial after Case At Issue
Our Los Angeles unlawful detainer attorneys are very familiar with trial setting in unlawful detainer or eviction actions. The California Unlawful Detainer statutes mandate that a trial can be set as soon as the case is “at issue”. At issue is defined generally as answering or filing a demurrer. (Code of Civil Procedure section 1170, […]
View Post California Unlawful Detainer, California Unlawful Detainer eBook, defending California Unlawful Detainer, ebook, How to Defend Unlawful Detainer, Los Angeles Real Estate Attorney, Los Angeles Unlawful Detainer, Real Estate Litigation, Schorr Law, unlawful detainer, Unlawful Detainer Ebook