As a landlord, if your prevail on your unlawful detainer action – whether it be by default or after a trial on the merits you do not automatically get possession of the leased property.  The landlord or its unlawful detainer attorney, must then apply to the court for a writ of possession.  Once the writ […]

To initiate the unlawful detainer process based on a tenant’s failure to pay rent, the landlord or the landlord’s agent must do a 3 Day Notice to Pay Rent or Quit.   Here are some, but not all, things the landlord should remember to include: 1.  Amount of Past Due Rent.  The 3 Day Notice to […]

In California, unlawful detainers are summary proceedings that occur in a court of limited jurisidiction.  In other words, because the law expedites unlawful detainer matters through summary proceedings, that court does not have the power to hear all matters that other courts would be able to hear or determine.  Instead, in California, the unlawful detainer […]

One of the more pressing issues facing people who just went through the foreclosure process is what happens after foreclosure.  In other words, do you have the right to remain in your house? Generally, the answer is no.  Foreclosure cuts off the homeowners rights to possession.  However, the landlord (the bank) still has to go […]

In California unlawful detainer trials and litigation as a whole are very expedited.  Indeed, Code of Civil Procedure section 1170.5 requires that, if possession of the rental unit is still at issue, trial be held no later than the 20th day after a request for trial setting is made. This request can be made as […]

If you are initiating an unlawful detainer action in California or responding to one, the three day notice to pay rent or quit is very important.  A simple mistake in the 3 Day Notice to Pay Rent or Quit can allow the defendant to avoid eviction. Here are three important aspects of a three day […]

The Wall Street Journal published an interesting article today, which pointed out that there has been a nationwide decline in rents this past quarter.  What this means is some of the balance of power between a landlord and tenant is shifting back to the tenant.  In many cases tenants are able to renegotiate their rent.   […]

When selecting an unlawful detainer attorney in the state of California (and specifically in Los Angeles) be careful who you chose.  There are many unlawful detainer “mills”.  These firms provide a very low price for their services, but they never pay attention to your case.  I frequently litigate against these firms and finds that the […]