Landlord Tenant
Landlord Representation in Unlawful Detainers
As a landlord in California, you have a right to regain possession of your property when tenants violate the terms of their lease or fail to pay rent. Unlawful detainer actions, commonly known as evictions, are a legal tool to remove tenants who refuse to leave voluntarily. I’m here to help guide you through this process efficiently and within the bounds of California law.
Protecting Your Rights as a Property Owner
When Can You File an Unlawful Detainer?
You may be able to initiate an unlawful detainer action in scenarios such as:
Nonpayment of Rent: The tenant has failed to pay rent, and the grace period (if any) has passed.
Lease Violations: The tenant has breached the terms of the lease agreement, such as subletting without permission or engaging in illegal activities.
Holding Over: The tenant remains on the property after the lease term has expired without your permission.
Nuisance or Damage: The tenant causes significant damage to the property or creates a nuisance, disturbing other tenants or neighbors.
The Eviction Process in California
The eviction process must strictly follow California’s complex laws to ensure compliance and avoid costly delays:
Serve Proper Notice: The first step is providing the tenant with a written notice, such as:
3-Day Notice to Pay Rent or Quit
3-Day Notice to Perform Covenant or Quit
30/60-Day Notice to Terminate Tenancy (depending on tenancy duration and circumstances)
File the Complaint: If the tenant does not comply with the notice, a legal complaint is filed with the court.
Respond to Defenses: Tenants may file a response, often raising defenses like improper notice or habitability issues. I’ll prepare for and address these defenses effectively.
Trial: If the case goes to trial, I’ll represent your interests in court, presenting a strong case for your right to regain possession.
Writ of Possession: Once a judgment is obtained, I’ll assist in securing a writ of possession, allowing law enforcement to remove the tenant if necessary.
Potential Recovery for Landlords
In an unlawful detainer case, you may recover:
Past-Due Rent: Any unpaid rent the tenant owes during their occupancy.
Damages: Compensation for property damage or other financial losses resulting from the tenant’s actions.
Court Costs and Attorney’s Fees: If your lease agreement includes an attorney’s fee provision and the court awards them.
Possession of Your Property: Regaining full legal possession of your rental unit.
Why Choose Me as Your Landlord Attorney?
Unlawful detainers are time-sensitive and technical, requiring careful attention to detail. As a California attorney experienced in landlord-tenant law, I am committed to providing:
Speed and Efficiency: Minimizing delays to help you regain control of your property quickly.
Proactive Solutions: Identifying potential issues early to reduce the risk of tenant defenses succeeding.
Personalized Service: Tailored strategies to fit your specific needs, whether for a single property or a portfolio of rentals.
Schedule Your Consultation Today
If you’re a landlord in need of legal support for an eviction, I’m here to help. Contact Scott David Thomas Law today to schedule a consultation and take the first step toward protecting your rights and investment.