It’s always helpful to learn about Los Angeles rent control, especially if you are currently affected due to the pandemic.
Here is everything you need to know.
Tag: Eviction
Understanding how to evict a tenant in Los Angeles is important. It all starts with clear communication. Follow this process carefully to ensure success.
If you rent your property in California, you need to understand how to evict a tenant in Los Angeles legally.
The lease agreement specifies the details of the lease, including duration, cost, and what’s expected from both you as a landlord and your tenant. This agreement is in place to ensure both parties meet the outlined expectations of the lease.
If your tenant doesn’t meet the expectations outlined in the agreement, you may need to exercise your legal power to evict the tenant.
Today, we’re taking a closer look at the process so you know how to evict a tenant in Los Angeles legally.
Let’s get started…
How to Evict A Tenant in Los Angeles
Evicting a tenant isn’t easy.
We recommend finding a lawyer you trust before starting the process, as this will ensure your efforts work in your favor.
In order to successfully evict a tenant, you need to follow a specific process covered by real estate law. Failure to follow the steps outlined may jeopardize your ability to legally evict your tenant, which will be a waste of time and money.
First, let’s take a look at some of the most common reasons for eviction in California.
1. Evaluate the Issue
It’s important to evaluate the issue before exploring the possibility of evicting your tenant.
Evictions are messy and unpleasant, so this quick step may save you a headache if you find the tenant simply made a mistake. If, however, this issue is ongoing and always seems to be a problem, you just need to confirm the issue is against the terms outlined in your lease agreement.
Here are a few common reasons for eviction in California:
- Failure to pay rent
- Property damage
- Unapproved subletting
- Allowing one or more guests to live with them
- Disturbing neighbors with behavior or noise
- Own pets restricted by the lease agreement
- Expiration of lease
- Illegal activity
- Other violations of your lease agreement
If your tenant has violated the lease agreement in any way, it’s time to confront him or her about it with the intention of correcting the issue.
After evaluating the issue and confirming it’s a violation of your lease agreement, it’s time to confront your tenant.
Let’s take a look at the first step…
2. Ask Your Tenant to Correct the Issue
You may not need to evict your tenant at this point.
Depending on the issue or violation, a simple conversation with your tenant may correct the problem.
Try talking to your tenant about the issue and remind them that they are legally obligated to satisfy the lease agreement. This is often the fastest way to determine whether or not your tenant is receptive and willing to make the correction.
If your tenant responds positively and demonstrates the willingness to make changes, you may not need to take the process any further.
Tenants who understand the severity of the situation will usually take positive action to correct the issue at this point. However, if your tenant avoids you or responds negatively, you may need to take things a little further.
Let’s move on to the next step…
3. Serving the Tenant Notice
Can’t get a hold of your tenant?
It’s not unusual for tenants to avoid their landlords when they know they’re violated their lease agreement. In this case, they’re forcing your hand and probably won’t correct the issue until you take further action.
At this point, California Landlord-Tenant Law allows you to serve the tenant notice.
This is an important aspect of the eviction process, as this demonstrates you understand how to evict a tenant in Los Angeles according to California law. Depending on the issue, you may either serve an eviction notice for non-payment or eviction notice for lease violation. Both of these notices provide the tenant three days to correct the issue.
The notice should state that failure to make corrections will result in your taking steps toward eviction.
The notice must also include:
- The name and address of the tenant(s)
- The date you served the notice to the tenant
- If rent due, the total amount and the name, address, and phone number of the person or financial institution to whom payment should be made, along with the days and hours that person will be available to receive payment
- A certificate of service specifying how you provided the notice to the tenant
- Your signature as landlord
How to Serve An Eviction Notice to Your Tenant
We recommend serving the notice to your tenant in person.
If your tenant refuses to accept the notice, you can leave it on the ground near the tenant. You may also leave the notice with someone else at the property as long as they’re at least 18 years old. In addition, you may also deliver the notice to your tenant’s place of work.
To ensure your tenant receives the notice, you may also mail the notice to the tenant’s address.
As a last resort, you may also exercise the “nail and mail” options, which involves posting the notice to the tenant’s door and mail a copy to the tenant for good measure.
Special Eviction Notice Requirements
In some cases, landlords may be required to provide their tenants a longer time-frame to correct the issue.
Be sure to evaluate the lease agreement before serving an eviction notice as this will indicate the timeframe the tenant is allowed by law.
Here are a few examples:
- Month-to-month lease agreements require 30-days notice
- Tenants who have lived on the property for more than one year are allowed 60 days to correct any issues.
- Government-subsidized housing requires 90-days notice
There are exceptions to these longer notices.
For example, if the tenant is engaging in criminal activity or endangering neighbors, a three-day notice will legally suffice.
If your tenant does not correct the issue within the timeframe provided, you are legally allowed to file an unlawful detainer complaint in court.
Let’s take a closer look…
4. Filing An Unlawful Detainer Lawsuit
In order to legally evict a tenant, you must file an unlawful detainer complaint in court.
An unlawful detainer (eviction) is a civil case filed by a landlord or owner who is suing their tenant to obtain a court order giving the landlord the right to regain possession of the property.
The tenant may raise legal objections to the notice or method of being served, or even the complaint itself. An objection to the grounds for eviction is called a “Demurrer,” and an objection to the service is called a “Motion to Quash Service of Summons.”
The landlord will have to respond to these objections in writing.
If the tenant has a good defense, the court will not move for eviction and the landlord may be ordered to pay for the tenant’s legal fees and court costs.
If the landlord wins, the court will issue a writ of possession that orders the sheriff to remove the tenant from the property if, after five days, the tenant has not left voluntarily.
After the five-day waiting period given to the tenant, the sheriff will return to the property to physically remove the tenant, lock the tenant out, and seize any tenant belongings that have been left on the property. The landlord is not allowed to possess the rental or lease unit until after the sheriff has removed the tenant.
If the tenant is behind on his or her rent, the court may award the landlord unpaid rent along with any damages, court costs, and fees. If the court decides that the tenant acted maliciously in giving up the rental or lease unit, it can award the landlord up to $600 in a penalty. And the judgment against the tenant will be reported on the tenant’s credit report for seven years.
Complicated Situations May Make Eviction More Difficult
There are a few situations that may make the eviction process more difficult.
For example, if your tenant rents an RV or mobile home, you may need additional help executing the eviction process.
You will also find the process more difficult if the property is foreclosed, as there are special protections in place for tenants living in foreclosed properties. In addition, there are special considerations in place if the property is taken over by a bank or investor.
Evictions are serious actions with long-term consequences and need to be handled carefully through the legal system.
Conclusion
If your tenant isn’t meeting the expectations outlined in your lease agreement, it may be time to start the eviction process.
As mentioned, it’s important that you follow all the legal steps required to evict a tenant. Failure to do so will result in a failed attempt and require you to start over, which means more time and money. Understanding how to evict a tenant in Los Angeles the first time around will save you time, money, and spare you the headache of re-starting the process next month.
We recommend you find a lawyer who can help you with the process, as this will ensure your interests are protected.
Looking for help?
Tell us a little about your legal matter and we’ll help you find the right attorney for your needs. Call (818) 213-1849 to learn more or fill out our form to get started.
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.
An eviction defense attorney in Los Angeles will take a look at the evidence and set up the strongest defense possible.
Do you need an eviction defense attorney?
If you recently found an eviction notice on your door, this may be the case.
Landlords can evict you for a number of legal reasons, including violating a rental agreement, not paying rent, and more. However, there are several local and state laws that exist prohibiting a landlord from evicting you without a legal reason and without following a proper procedure.
This situation may arise due to landlord-tenant disputes.
Today, we’re taking a closer look at eviction in Los Angeles and what you can do to defend yourself.
Let’s get started …
Many Evictions Are Illegal
It sounds surprising, but it happens a lot.
You cannot be evicted because you complained about living conditions, reporting code violations, or calling the building inspector. If your landlord tries to evict you within six months of reporting a violation, it could be considered an illegal action, called “retaliation.”
In California, in order for a landlord to legally evict you, he or she must first serve you notice of the reason for the eviction and then must file an eviction lawsuit against you with the court.
The lawsuit is called an unlawful detainer, and in most cases, you would have five days to respond to this lawsuit. An eviction attorney would know this and advise you accordingly.
The landlord cannot take the law into his own hands (called “self-help”) by changing the locks, cutting off utilities, replacing the front door, or removing your belongings. This is actually a crime and is punishable by possible fines and up to six months in jail.
If a landlord tries to evict you or sends you an eviction notice, a rent increase notice, or a notice of any substantial changes in the terms of your lease or tenancy within six months of your having engaged in any of the activities listed above, a court must “presume” that the landlord is retaliating against you. If a court decides that the landlord was retaliating, you cannot be evicted.
It is also illegal for your landlord to evict you on any area of discrimination including your race, color, religion, national origin, sexual orientation, age, ancestry, marital status, handicap, or status as a veteran.
And it is illegal for a landlord to evict you because you get a rent subsidy or receive public assistance.
How An Eviction Defense Attorney Can Help
As one example of the value of a lawyer, she could advise you to send a “demand letter” to your landlord informing him that he will be committing an illegal act and that you will take legal action to enforce your rights.
A lawyer would tell you to keep a copy of this letter so that you have proof that the landlord knew he was violating the law.
You might also be advised to go to court and get a temporary restraining order (TRO) that directs your landlord to stop doing something illegal, return your belongings and restore any utilities that may have been turned off.
Compensation for Damages
If you have followed the proper procedures and the court finds that you have a good defense, the court will not evict you, and your landlord may be subject to liability for your damages, as well as penalties of up to $100 per day for the time that he used the unlawful methods.
Damages may include:
- Statutory Damages: Depending on your situation, your damages may be calculated per day or per violation, and some ordinances provide for trebled (triple) damages.
- Actual Damages: If you have been displaced and forced to incur temporary housing costs or increased rent, your landlord will have to pay the costs. In addition, more compensation may be due based on pain, suffering or inconvenience.
- Other Expenses: Your landlord may also be ordered to pay court costs (for example, your filing fees). And he may have to pay your attorney’s fees, depending on your tenant agreement.
Take It Further
As mentioned above, lockouts and utility shutoffs are crimes.
If you cannot convince your landlord that what he is doing is wrong and illegal, you should contact the local police and report the incident. Sometimes a police officer will be able to influence the landlord to do the right thing.
At other times, police officers will not want to get involved in tenant-landlord disputes, and you will have to hire a lawyer and go to court. But this will take a bit longer.
You can also contact your local housing authority as well as the U.S. Department of Housing and Urban Development (HUD). HUD is the department that prohibits discrimination against tenants based on religion, national origin, familial status and several other aspects. HUD considers any violation a serious offense. This is another valuable option that a good eviction lawyer will know and advise you accordingly.
