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Landlord Tenant

Culver City Legal > Landlord Tenant

LANDLORD TENANT – UNLAWFUL DETAINER/EVICTIONS

 

Culver City Legal assists you in protecting your properties value and helps preserve your rental income. Our team can prepare various legal documents and notices that can often help you resolve the eviction process. Give us a call and we can get started on the process today!

Our firm specializes in residential and commercial evictions in the greater Los Angeles Area. Prior to serving a tenant with a legal notice, contact Culver City Legal to help you serve the correct notice in the proper manner. It is critical to have an experienced attorney by your side to help defend your rights as a property owner.

Reasons to Hire Culver City’s Legal Eviction Attorney

Many are unfamiliar with the process of unlawful detainers involving landlord tenant law’s, the smallest mistake can cause you to lose valuable time in recovering rent, and possession of your property. Our legal staff is available 24/7 to answer your legal questions without charge. Give us a call and let us help you!

Proudly providing services throughout Southern California including Los Angeles, Culver City, Orange County, Long Beach, Santa Ana, Riverside, San Bernardino, Oxnard, Ventura, Rancho Cucamonga, and many more cities through out Los Angeles.

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When can I hire Culver City Legal to evict a tenant?

 

Feel free to give us a call if you have any landlord/tenant questions, but before commencing a residential or commercial unlawful detainer action, please be aware that you must have a valid reason for the eviction action.

Evictions are warranted when a tenant:

  • Failure to pay their rent in a timely manner.

  • When a tenant willfully damages your real property.

  • When a tenant violates the terms of their lease agreement and fails to remedy the violations within the time stated in the eviction notice. (i.e. allowing additional unauthorized occupants to reside in the subject premises without prior landlord approval)

  • Fails to vacate when the lease expires and is not renewed.

  • Uses the property or unit for an unlawful purpose.

  • Uses, manufactures, sells, or possesses illegal drugs on the property.

  • Causes a nuisance to other tenants, even after being asked to cease their conduct.

  • Commits waste in the premises.

  • Assigns or sublets their unit without prior written approval from landlord.

  • Fails to allow the landlord access to their unit after being served with proper notice.

Landlords should always contact Culver City Legal before confronting their tenants with potential unlawful methods to evict. You must go through the unlawful detainer process in order to properly remove your tenant from the premises. Prior to serving a tenant with a legal notice, contact Culver City Legal to find out if you have a proper cause of action to evict.

What is AB 1482  The New California Statewide Rent Control?

Rent Increases of 5% annually plus CPI – which is roughly 3% – total of 8%

The exceptions are that a certification of Occupancy has been issued in the previous 15 years. Single Family Homes, Condominiums, Town-home, and Owner occupied Duplex.

Landlords can no longer evict without “Just Cause” which essentially means a beach of the lease from the Tenant

The Bill provides that these provisions apply to all rent increases occurring on or after March 15, 2019.

What is an Unlawful Detainer?

The unlawful detainer is a “summary proceeding” court procedure. A summary proceeding is defined as a controversy, which is conducted in a prompted simple manner with out a jury. Once the landlord gives a Summons of Complaint to the tenant, the court usually give the tenant 5 days to file a written response to the lawsuit. Thereafter, a judge normally, not always will decide the case within 20 days after the tenant files an answer, which is called Trial.

All Evictions that are processed in California are administered by the Superior Court of the State of California. The court allows the tenant to the right of a court hearing as long as the tenant follows the laws. The California State Laws state that landlords must use the court statutory process to evict any tenant. A landlord is legally not allowed to force the tenant to move with out court authority. The landlord cannot lock out a tenant, cut off utilities, change locks with out court order. It is very important that a tenant reach out to Culver City Legal, if they are dealing with any of these issues.

What happens if a landlord uses Unlawful Methods to Evict a Tenant?

If a landlord uses an unlawful method to evict any tenant, the landlord might be subject to liability for damages, along with penalties of $200 per day.

Unlawful Detainer Lawsuit is a trial, which the landlord representatives and the tenant representatives present evidence to the court, and explains their case. The court then decides if it favors the tenant or the landlord. If it favors the tenant, the tenant will not have to move, but pay back rent due and any other reasons the landlord brought to bring the unlawful detainer. The landlord may also have to pay tenant attorney fees, if the rental agreements states.

Writ of Possession

If the judge in the court hearing favors the landlord, the courthouse will issue a writ of possession. This orders the police department (sheriff) to remove the tenant from the unit they are renting. However, the tenant is given 5 days to leave from the rental unit voluntarily. If the tenant does not leave within the end of those 5 days the writ of possession allows the sheriff to remove the tenant from the rental unit along the tenants belongings. The court may also award the landlord with back rent dues, attorney costs, any property damage, and court costs. In addition, if the court finds that the tenant left maliciously they may award the landlord up $600 penalty. Moreover, the unlawful detainer will affect the tenants credit for seven years thereafter.

What is Relief from Forfeiture of the Tenant?

This is a very rare scenario, which allows the tenant to stay in the rental unit. The tenant must prove strongly of two causes to obtain relief from forfeiture.

  1. The tenant proves that the eviction causes him/her severe hardship.

  2. The tenant is able to pay all of the rent which is due and that the tenant will comply with the rent/lease agreement.

 

Can I Appeal the Judgment of Unlawful Detainer in California?

In the state of California, if you lose your Unlawful Detainer lawsuit, as a landlord or tenant you may appeal the judgment if you believe the judge made a legal mistake. However, if a tenant appeals the judgment, they will most likely have to move before the appeal is heard.

Do you need help with your eviction?