There are laws that govern the legal rights and responsibilities of landlords and tenants when it comes to the use and occupation of residential or commercial property. One of the most important aspects of real estate law is an unlawful detainer, which is the legal process of removing a tenant from a rental unit when they have violated their lease agreement or failed to pay rent.
At Los Angeles Business & Real Estate Law Firm, we can help you navigate issues emerging from an unlawful detainer. We have extensive experience in representing both landlords and tenants in unlawful detainer cases in Los Angeles, California.
What is an Unlawful Detainer?
The California Code of Civil Procedure defines an Unlawful Detainer as a “special statutory proceeding to recover possession of real property from a person wrongfully in possession.” In other words, an unlawful detainer is a legal action filed by a landlord or property owner against a tenant, to evict the tenant from the premises and regain possession of the property.
When a landlord has filed an Unlawful Detainer, it means that the tenant has violated the terms of the lease agreement, usually by failing to pay rent or by staying in the property after the lease has expired. To file an Unlawful Detainer, the landlord must provide written evidence of the tenant’s breach of the lease. This evidence may include unpaid rent statements and/or written notices informing the tenant that they violate the lease.
The California Tenant Protection Act of 2019
The California Tenant Protection Act of 2019 seeks to protect tenants from unfair and exploitative practices by landlords. The act was passed in 2019 and took effect on January 1, 2020, and it is the most comprehensive tenant protection law in the United States.
This act prohibits landlords from evicting tenants without just cause. Under the act, landlords must provide tenants with a valid reason for eviction such as failure to pay rent, creating a nuisance, or damage to the property. The act also places limits on the amount of rent that can be charged and requires landlords to provide tenants with a minimum of 60 days’ notice before raising rent.
It allows tenants to withhold rent if their landlord fails to make necessary repairs or does not provide services such as hot water or heat. It also gives tenants the right to sue their landlord for damages if the landlord does not comply with the law.
Through this act, tenants are protected from retaliatory evictions. This means that a landlord cannot evict a tenant for complaining about poor conditions or exercising their rights under the law. It also prohibits landlords from discriminating against tenants based on their race, religion, sex, disability, nationality, or any other protected class.
The act also requires landlords to disclose certain information to tenants. This includes information about the tenancy, the security deposit, and any fees that may be charged. It also requires landlords to provide tenants with written leases that include all of the terms of the tenancy.
Ending a Tenancy When the Owner Has Cause
Under the California Tenant Protection Act of 2019, landlords are not allowed to evict a tenant without good cause. While this protection is important for tenants, it can be difficult for landlords to know when they have grounds to end a tenancy and how to properly go about it.
The first step to ending a California tenancy when the landlord has cause is to give the tenant proper notice. The type of notice required depends on the grounds for the eviction. In most cases, the landlord must provide a written 30-day notice that states the reason for the eviction and the date by which the tenant must move out. If the tenant does not move out by the specified date, the landlord can file an Unlawful Detainer action in court.
The most common cause for eviction in California is non-payment. It requires the landlord to provide a 3-day notice to pay rent or quit. This notice must include the amount of rent due, the date by which it must be paid, and a warning that failure to pay will result in the tenant being evicted. If the tenant does not pay, the landlord can proceed with the eviction process.
Lease violations, such as having unauthorized occupants, violating noise ordinances, or having pets when the lease does not allow them, can also be grounds for eviction. The landlord must provide a 3-day notice to cure or quit, which allows the tenant to correct the violation or move out. If the tenant does not comply, the landlord can proceed with the eviction process.
A tenant can also be evicted for nuisance, which includes activities that interfere with the peace of other tenants. The landlord must provide a 3-day notice to quit, which does not allow the tenant to correct the violation. If the tenant does not move out, the landlord can proceed with the eviction process.
Once the landlord has provided proper notice and the tenant has not complied, the landlord can file an Unlawful Detainer action in court. This is a civil lawsuit that requires the tenant to either move out or appear in court to contest the eviction. If the tenant does not appear in court, the landlord will likely win the case by default. If the tenant does appear in court, the judge will decide whether the tenant should be evicted.
Ending a Tenancy When the Owner Has No Cause
When a landlord and tenant enter into a California tenancy, both parties agree to a set of terms and conditions that govern their relationship. This includes an end date, and in many cases, a lease renewal option. However, sometimes a landlord may not have cause to end the tenancy and may be looking for a way to do so without violating the law.
The most common way for a landlord to end a tenancy without cause is by giving the tenant a 60-day notice to vacate. This will give the tenant two months to find a new place to live, pack up their belongings, and move out. The landlord must provide the tenant with a written notice that includes the date of the notice, the date that the tenant must vacate, and the reasons for the termination.
If the landlord decides to file an eviction lawsuit in court, they must prove that they gave the tenant proper notice, that the tenant failed to move out, and that the tenant is in breach of the tenancy agreement. If the court finds in favor of the landlord, they may issue a writ of possession which will allow the landlord to take back possession of the property.
In some cases, a tenant may be able to negotiate with the landlord to end their tenancy early. This is more likely to be successful if the tenant is willing to pay all rent up until the end of the tenancy, provide the landlord with a month’s notice in writing, and give the landlord the time needed to find a new tenant.
Ending a Fixed-term Tenancy When the Tenant Has Been in the Rental for 12 Months
Under California housing laws, landlord and tenant have rights when it comes to a fixed-term tenancy. These laws also require landlords to give tenants notice when the lease is ending unless the tenant has lived in the rental for 12 months. In this case, the landlord must give the tenant a 90-day notice of non-renewal. The tenant has the right to stay in the rental for the entire 90 days or move out before the end of the notice period.
If the tenant chooses to stay, the tenancy will become a month-to-month agreement. This means that either the landlord or the tenant can terminate the agreement with a 30-day notice after the 90-day period ends. If the tenant moves out before the 90 days ends, the landlord can still collect rent for the entire 90 days. This is because the tenant is required to give the landlord 30 days’ notice when they intend to move out.
Note that the landlord must have just cause to refuse the renewal of a fixed-term lease. Just cause can include things like the tenant not paying rent on time, causing damage to the rental, or violating the terms of the lease. If the landlord does not have just cause, the tenant may be able to challenge the non-renewal.
An Unlawful Detainer Lawsuit
After the notice period has run out and the tenant has not acted upon the demand to vacate, the landlord can move to court to file a lawsuit. At the court, the landlord will be required to file different forms such as:
- Complaint: This document outlines the landlord’s legal claim that the tenant is unlawfully occupying the rental and requests the court to order the tenant to leave. It must include the landlord’s contact information and the rental address.
- Summons: This document must be served on the tenant by a process server or sheriff. It includes a copy of the complaint, information about the court, and a deadline for the tenant to respond to the complaint.
- Proof of Service: This is a document submitted to the court by the process server or sheriff, confirming that the summon was served on the tenant.
- Civil Case Cover Sheet: This form is filled out by the landlord and submitted to the court. It is used by the court to determine the filing fee for the case.
Once the documents have been filed with the court, the tenant will have a certain amount of time to respond to the complaint. If the tenant doesn’t respond, the landlord can request a default judgment from the court, which will order the tenant to leave. If the tenant does respond, the court will hold a hearing, at which both the landlord and tenant can present evidence and arguments. The court will then issue a judgment, which may order the tenant to leave or allow them to remain in the rental depending on the facts of the case.
Note that in California, tenants have the right to appear in court with a lawyer, and they may also receive free legal advice or assistance from a legal aid organization. If a tenant cannot afford to hire an attorney, they may be eligible for free legal assistance from organizations.
Tenant Eviction Defenses
Tenants may have the right to assert certain defenses when a landlord is attempting to evict them. These defenses can include:
The landlord failed to properly serve the eviction notice. Under California Housing Law, a landlord must properly serve the eviction notice for it to be legally effective. This means that the landlord must provide the tenant with the notice in person or by certified mail. If the landlord fails to do so, the tenant may be able to use this as a defense against eviction.
The eviction notice is not supported by legal grounds. A landlord can only evict a tenant on certain legal grounds. These grounds may include the tenant not paying rent, violating the terms of the lease, or engaging in other activities that are deemed unlawful. If the tenant can prove that the eviction notice is not supported by any of these legal grounds, they may be able to use this as a defense against the eviction.
The eviction notice is invalid due to a landlord’s failure to maintain the rental property. landlords are required to maintain the rental property in a habitable condition. If the tenant can prove that the landlord has failed to do so, they may be able to use this as a defense against the eviction.
The eviction notice is a form of discrimination. It is illegal for landlords to discriminate against tenants based on certain protected classes. If the tenant can prove that the landlord’s eviction notice is based on discrimination, they may be able to use this as a defense against the eviction.
The eviction notice was issued in retaliation for the tenant complaining about the rental property. Landlords cannot issue an eviction notice as a form of retaliation for the tenant filing a complaint about the rental property. If the tenant can prove that the eviction notice was issued in retaliation, they may be able to use this as a defense against the eviction. While these are the most common defenses a tenant may be able to use in an eviction proceeding, there may be other defenses available depending on the specific circumstances of the case. If you are facing eviction, it is important to consult with an experienced real estate attorney to discuss your legal options.
What to Do When Facing an Unlawful Detainer
When a tenant is facing an unlawful detainer, they should take steps to protect their rights and respond to the complaint. Some of these steps include:
Determine if the Unlawful Detainer is Legitimate
The first step when facing an unlawful detainer is to determine if the detainer is legitimate. A tenant should check the state laws to ensure that the landlord has the right to evict them. The tenant should also ensure that the eviction notice is properly served, that all necessary paperwork is filled out correctly, and that the landlord has followed all of the legal steps in the eviction process.
Consider a Countersuit
If the tenant believes that the landlord does not have the right to evict them, or if an eviction is based on discrimination or a violation of the tenant’s rights, the tenant may consider filing a countersuit. This is a legal action taken by a tenant in response to an unlawful detainer, and it can be an effective way to fight an unlawful detainer.
Negotiate with the Landlord
If a tenant believes that the landlord has the right to evict them, they should try to negotiate a settlement with the landlord. This may include agreeing to move out by a certain date, or working out an arrangement to pay off any back rent or damages. Step
Follow the Court’s Orders
If negotiations fail, the tenant must follow any court orders issued in the unlawful detainer action. This may include paying outstanding rent, moving out by a specific date, or attending a court hearing. This will help ensure that the tenant does not face further legal action.
Contact Legal Aid or a Tenants’ Rights Group
If a tenant is facing an unlawful detainer, they should consider contacting a Real Estate Law firm. An experienced attorney can provide legal advice and assistance in areas related to tenant’s rights.
Find a Real Estate Law Firm Near Me
If you are facing an unlawful detainer, it is essential to seek the help of a qualified Los Angeles real estate lawyer. Our experienced attorneys at Los Angeles Business & Real Estate Law Firm can help you navigate the legal process and protect your rights and interests. Contact us today at 310-796-7794 to learn more about how we can help.
