Unlawful Detainer
The “Repair and Deduct” Remedy for Renters
About a month ago we posted an article about Habitability Requirements for Leased Properties and Implied Warranty of Habitability, which discussed landlords’ obligation to make certain repairs in rental properties. Unfortunately, many renters are familiar with the “absentee landlord,” who ignores requests for repairs. If the problems in the rental property are affecting the tenants’ [...]
Common Pitfalls for San Diego Landlords in the Unlawful Detainer (Eviction) Process: Accepting Partial Rent
Once an eviction notice is served on a tenant, he or she may try contacting the landlord to ask for an extension of time to pay the rent. It’s likely that by the time the landlord has gotten around to actually starting the eviction process, the tenant is MORE than one month’s rent behind….and probably [...]
Common Pitfalls for San Diego Landlords in the Unlawful Detainer (Eviction) Process: Unnamed Occupants
Once an unlawful detainer Complaint has been filed with the Court, the details of the eviction terms are set. The address listed in the Complaint is the only place the Sheriff will conduct a lockout (beware of apartment/unit number errors), and the specific individuals named on the Complaint are the only people the Sheriff will [...]
California Landlord-Tenant: Tenant Move-Out Process
The past few unlawful detainer articles posted have addressed landlords’ efforts in removing tenants from a property, but what happens when a tenant wants to move out on his or her own accord? The first thing a tenant should be aware of is the lease term, which is binding. If the lease has a fixed [...]
Common Pitfalls for San Diego Landlords in the Unlawful Detainer (Eviction) Process: Service Evasion
Once a landlord finally realizes he or she needs to evict a tenant, they usually want it done QUICKLY! This is understandable, especially if the case involves a tenant who is not paying rent or is destroying the property. However, the actual process of evicting a tenant can be a long one. Even if the [...]
Unlawful Detainers: 3 Day Notice, 30 Day Notice or 60 Day Notice?
As discussed in my recent blog article about the San Diego eviction process, the first step in evicting a tenant is issuing the appropriate notice. The most common notices are the 3 Day Notice, the 30 Day Notice and the 60 Day Notice. 3 DAY NOTICES The 3 Day Notice will require the tenant to [...]
San Diego Unlawful Detainer/Eviction Process and the Roles of Landlords and Tenants
Eventually, any owner or manager of a property will come to the point where they need to remove a tenant from their rental property. In this article, I will outline the steps necessary to actually, and legally, re-establish possession of the property. 1. Service of Notice- This first step is not technically the “start of [...]