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 […]
View Post30 or 60 Days’ Notice to Terminate a Month to Month Tenancy
For a periodic or month to month tenancy in California, both the landlord and the tenant have the right to terminate the tenacy upon 30 or 60 days’ notice. The amount of notice required depends on the length of the tenant’s tenancy. If the tenant has reside at the premises for less than a year, […]
View PostUnlawful Detainer After Foreclosure
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 […]
View PostUnlawful Detainer Trial Timeline
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 […]
View Post3 Tips for Drafting/Responding to a 3 Day Notice to Pay Rent or Quit
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 […]
View PostTips for Renegotiating Your Monthly Rent
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. […]
View PostUnlawful Detainer Attorney – Los Angeles California
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 […]
View PostWelcome – A Guide to Unlawful Detainers In California
Welcome to this online and interactive guide to unlawful detainers. This blog is designed to provide users with a basic understanding of the unlawful detainer process in California and some of the nuances of the law. Readers are advised, however that the information contained here is simply information and not an exhausastive review of the […]
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