The Guide to Los Angeles Evictions for Landlords and Tenants

Los Angeles evictions can be tricky to understand and handle on your own. Here’s everything you need to know for landlords and tenants.

In 2014, there were 21,700 evictions in Los Angeles.

This alarming rate of evictions in Los Angeles was partly in response to the increasing rent throughout Los Angeles County. With that said, the average rate of evictions is still high due to issues involving landlord-tenant disputes and non-payment.

Today, we’re taking a closer look at what landlords and tenants should (and shouldn’t) do during an eviction.

Los Angeles Evictions

Landlord-tenant relations can be disrupted by either side. Landlords can make unreasonable demands, not keep their properties up to standards, or in dealing with delinquent tenants, can make mistakes in trying to evict them.

Tenants can destroy property, offend neighbors, become delinquent in payments, or in dealing with landlords, make mistakes in how they respond to eviction notices.

No one really wins in these situations. One side or the other has suffered somehow and tries to negative consequences against the other. The best approach for either side is to seek legal counsel to help mitigate the losses suffered and resolve the legal issues involved.

How does either side go about winning their eviction case? What should landlords and tenants do – and not do – to maximize their chances of a good legal outcome should they face legal action?

Here are some of the more important ways that both sides can help or hurt their case.

What Landlords Should Do

In California, state law requires that a written notice be given to a tenant before any other actions to evict are taken. The notice should be worded correctly to include the reason the landlord plans to evict the tenant. If the tenant is delinquent in paying rent as agreed, the most common response from the landlord is a three-day notice (but there can be others) to pay or quit. In many cases, the notice will convince the tenant to pay the rent owed, and the lease agreement.

If the tenant moves out, the landlord returns the all or some of the security deposit, if any, to the tenant. If the tenant left any possessions behind, the landlord is legally bound to store them for a reasonable amount of time before keeping or disposing of them.

At the end of the (commonly used) three-day period, if the tenant has not paid the past-due rent or has not “quit” (is still on the property), the landlord can file an unlawful detainer complaint with the court. This is a good time to get a lawyer because there are statutory requirements for all tenant notices, including Civil Procedure 1161. Failing to meet these requirements can result in dismissal of the complaint and can be costly for the landlord who must now start over and file a new complaint.

When the complaint is filed, a 5-day summons is issued, and both the complaint and summons must be given to the tenant before a judge can hear the case. If the tenant files an answer or appears in court, there will be a hearing. In this case, the landlord should have all the documentation on hand, including the lease, the notice, and records of lease payments and non-payments. An attorney can make sure the landlord is well prepared for such a hearing. Lack of documentation can lead to losing the case.

If the tenant fails to answer within the five days, an attorney can also request the court to enter a default judgment in the landlord’s favor and issue a writ of possession to the landlord. The writ can be served to the tenant by the county sheriff who will also schedule the eviction with the landlord – who must be present at the time of the eviction.

What Landlords Should Not Do

Landlords should not try to evict a tenant without hiring an attorney because the process, while not complicated, is very technical. Details can be overlooked and missed details can get a case dismissed. Notices can be poorly worded. Rent payments accepted after the notice deadline can nullify the eviction action.

Landlords need to keep their property safe and meet all health requirements. They should not have any rodent infestations or problems with utilities (electricity, water, plumbing, heating, etc.). And they should not have unresolved building or safety inspection violations.

If any of these or similar conditions exist and the tenant files a complaint with a regulatory agency like the town building and safety department, the landlord may not try to evict in retaliation for that complaint. This is considered a protected action. A tenant in good standing cannot be evicted within 180 days of a protected action.

What Tenants Should Do

When tenants sign a lease to rent a property, they agree to all the terms and conditions included in the lease. If they do not abide by the lease terms, the landlord may have cause to evict them. So, it is important for tenants to live up to their lease agreements.

Tenants have rights. But there can be reasons a landlord chooses to evict a tenant. It is usually for being delinquent in payments but it can be for other reasons, too, like repeatedly being too loud and causing neighbors to complain, and after the landlord has warned them about it.

Proper notices are carefully worded in compliance with California state laws and usually contain a time period for a response by the tenant. So, a timely response is needed.

If the tenant is unable to address the landlord’s concerns, by working out a payment arrangement, paying what is owed, or following the landlord’s requests, it is probably a good time to seek the advice of an experienced and qualified landlord-tenant law attorney.

If the case becomes a trial, the landlord will present evidence to a judge that the tenant did not fulfill the responsibilities covered by the lease. The tenant is given the chance to defend his or her case or have an attorney make the defense. There are many possible defenses including the condition of the property, a retaliatory action, or procedural errors in filing the complaint. An attorney is prepared to address any or all of these situations.

What Tenants Should Not Do

Tenants should not stop paying rent. There is no legal defense for this. Tenants cannot live for free on someone else’s property without their consent. If served with paperwork, tenants should not avoid answering or appearing in court. This can result in a default judgment against them.

Tenants should not think that a good defense is the loss of a job, having an illness, or some financial problem. A good defense is proving the tenant has a legal right to remain on the property.

If a landlord offers some kind of settlement that is reasonable, the tenant should not refuse it because doing so will lead to court action as the suit continues. And the tenant faced with legal action should not try to defend against it without a lawyer. There is too much at stake.