The attorneys of Consumer Litigation Law Center, APC have a substantial track record in providing legal excellence to both Landlords and Tenants. Our attorneys have a combined over two decades of experience handling disputes between Landlords and Tenants.
Our Attorneys can provide helpful insight as to what your rights are as a Landlord or Tenant. Consumer Litigation Law Center, APC offers a customized legal solution to fit your individual need and budget. We have a clear advantage over most opposing counsels, because we don't only just represent only one side.
We can clearly anticipate the actions of the opposing side, whether we are representing the Landlord or Tenant. Our goal is to obtain our client's expectations with proactive communication and with a cost-effective course of action plans.
Our firm has handled a variety of Landlord-Tenant issues such as but not limited to:
- 3/30/60/90 Day Notices
- Bedbugs Issues
- Commercial leases
- Residential Leases
- Return of Security Deposits
- Habitability Issues
- Termination of Lease
- Mold Issues
- Rodent/Pest Issues
- Sheriff Lockouts
- Unlawful Detainers
Landlords in California must provide the following:
- Effective waterproofing and weather protection of roof and exterior walls
- Well-maintained plumbing and gas facilities compliant with law in effect at the time of installation
- Water supply compliant with applicable law that is capable of producing hot and cold running water
- Well-maintained heating facilities compliant with applicable law at the time of installation
- Well-maintained electrical lighting compliant with applicable law at the time of installation
- Building, grounds, and appurtenances kept sanitary and free from debris and vermin at the time of rent or lease
- Well-maintained floors, stairways, and railings
- Locks conforming to code [CA Civil Code Sec. 1941.3]
The Process of Eviction
The process begins once the Landlord has served the Tenant with a three-day, thirty-day, sixty- day, or a ninety-day notice to terminate the lease. After the service of one of these notices, the Tenant must leave the premises in a timely manner and turn in the keys to the Landlord.
If the Tenant fails to leave the premises within the noticed time period, the Landlord then may file an "Unlawful Detainer," also known as an "Eviction Summons". If the Landlord prevails against the Tenant, the Tenant may be liable for past due rent and other damages and may also be liable to pay the Landlord's attorney's fees and court costs.
Warning to Tenants
- IF a Tenant breaches the lease, the Landlord can file an Unlawful Detainer/Summons
- IF a Tenant fails to pay rent, or is late on rent, the Landlord will first serve a Three-Day Notice to Quit. If the Tenant does not pay the Landlord in a timely manner, the Landlord may file an Unlawful Detainer/Summons.
- Retaliation against Tenants by the Landlord can lead to a Wrongful Eviction.
- If a Tenant was improperly served, our attorneys at Consumer Litigation Law Center, APC can file a Motion to Quash.
- Yes, Evictions through an Unlawful Detainer Judgment can show up on the Tenant's record and affect the Tenant's Credit.
Understanding the Eviction Process
- Three-Day Notice to Pay or Quit- Once a tenant fails to pay rent on time, or violates another term of the lease, a landlord then can serve the tenant with a three-day notice. The notice must inform the tenant that if the tenant does not pay rent or correct the violation within three days of service of the notice, the landlord can begin the eviction process against the tenant.
- Thirty-Day Notice- If a tenant has lived in a residence for one year or less, a landlord can serve a tenant with a written notice to vacate after the expiration of the lease term for any reason, providing a specific move out date, so long as a thirty-day notice has been validly served.
- Sixty-Day Notice- If a tenant has lived in a residence for more than one year, a landlord can serve a tenant with a written notice to vacate after the expiration of the lease term for any reason, providing a specific move out date, so long as a sixty-day notice has been validly served.
- Ninety-Day Notice- Tenants currently living in a home that has been Foreclosed upon. The renter must show proof of rental agreement to the new owner of the property. If the Tenant has a lease agreement that expires within ninety days, the new owner must provide a Ninety-Day Notice. If a Tenant has a lease agreement that expires in more than Ninety-Days, then the Landlord must abide by the lease agreement and continue to let the Tenant occupy the property until the expiration of the lease term.
- Unlawful Detainer/Summons will be Served:
- After the Landlord files the Unlawful Detainer action with the court, the Tenant will need to be properly served.
- Depending on the method of service, the Tenant may have as few as FIVE DAYS to respond to the complaint.
- If the Tenant fails to respond by filing either an answer or other response to the complaint within the proper time frame, the Landlord can request a DEFAULT JUDGMENT.
- If the Tenant filed a response, the Tenant will then receive either a hearing date or the date of trial, address and time.
- Post Unlawful Detainer Trial/Hearing:
- Appearance at all Unlawful Detainer hearings and trial is critical. If a Tenant does not appear at trial, the judge can rule against the Tenant and in favor of the Landlord, and an EVICTION will potentially be RECORDED on the Tenant's RECORD.
- The Tenant can be required to pay past due rent, in addition to the Landlord's cost of the Unlawful Detainer and Attorney fees.
- After the Trial/Hearing the SHERIFF will post a notice of WRIT OF POSSESSION on the Tenant's door. The Tenant will receive a 5-day notice from the date of the WRIT OF POSSESSION to leave the property.
- If the Tenant does not leave the property within the posted time, the SHERIFF will escort the Tenant(s) OUT of the premises and change the locks. This is a lockout and the Tenant will not be able to re-enter the premises!
Solutions to Landlord-Tenant Disputes
At Consumer Litigation Law Center, APC, we work extremely hard to achieve positive solutions to challenging Landlord-Tenant disputes. In most cases we use negotiation or mediation to achieve optimal results for our clients in a cost-effective manner. Should these methods fail to deliver our Client's desired results, we do not hesitate to go to court to protect our client's rights when necessary.
One thing we have learned over the years is that there are always two sides to every story. Let Yours be Heard By Calling Us Today.