Eviction discovery rules

Jul 04

Due to the expedited nature of eviction cases, it is only natural that the discovery process is also expedited.  Unlike in traditional discovery procedures, in eviction cases, the responses are due 5 days after service of the request.  This applies to request for admission, request for documents, and special interrogatories.

Rent Control Eviction

Feb 25

Assuming your property is within a rent control jurisdiction there are two types of categories under which a landlord can eviction a tenant in a rent control property.

As a caveat, rent controls covers all residential units except single family dwellings and units built after 1978.  Each area may have additional requirements or exceptions so its based to check with your area.

In the first category, tenants may be evicted for non payment of rent, breaking the terms of the lease, causing a nusiance, using the property for illegal purposes, refusing to renew the lease on similar terms, refusing to allow the landlord reasonable entry into the property to inspect or repair, or if there is a different person in possession than who rented it.

The second category requires the landlord to get and serve special papers from the local city Housing department after providing the basis for the eviction is valid.  These reasons are:  The owner’s family member or a new manager is moving into the unit, the unit is no longer going to be a rental, the property is condemned, or HUD is selling the property.

Any eviction following into the second category requires the landlord to pay the tenant $3450.00 relocation assistance (or $8550.00 if the tenant has minors, a legal disability, or is over 62 years of age).

Forclosure Crisis

Jan 13

Lenders are posied to take back more homes in 2011 than any other year.  Last year, banks took back 1 million homes.  About 5 million borrowers are at least two months behind on their mortagages and more will miss payments.  Forecasters are predicating that 2011 will be a peak year.

The pain likely will be the most acute in states that have already been hit hard. That includes former housing boom states Nevada, Arizona, Florida and California, along with states that are suffering most from the economic downturn, including Michigan and Illinois.

Nevada posted the highest foreclosure rate in 2010 for the fourth straight year, despite a 5 percent decline in activity from the year before. One in every 11 households received a foreclosure filing last year in the state. In December, foreclosure activity increased 18 percent from November with a 71 percent spike in bank repossessions.

Arizona and California also showed sharp December increases in the number of homes banks took back, at 52 percent and 47 percent, respectively. Arizona, along with Florida, finished the year at No. 2 and No. 3 for the highest foreclosure rates.

One in every 17 Arizona households got a foreclosure filing last year, while one in 18 received a notice in Florida.

California, Utah, Georgia, Michigan, Idaho, Illinois and Colorado rounded out the top ten states with the highest foreclosure rates.

Checking Tenant References

Jan 07

Prior to renting out your problem, it is good practice to check your tenant’s reference, ask for a copy of their check, where they work, and bank at.  Don’t just ask for the information but actually verify the information.  Call their employer to see if they work there and call the bank to see if they have any account there.

Doing this will help you later on if you have to evict them and get a money judgment for back rent to collect on it.  Many landlords fail to take these steps and pay later on in uncollectable back rent/

Single Lodger

Nov 29

A lodger is a person who lives in a room in a house where the owner lives.  The owner can enter all areas occupied by the lodger and has overall control of the house.  Most lodgers have the same rights as tenants.

However, in the case of a single lodger in a house where there are no other lodgers and the owner of the property also resides there, the owner can evict the lodge without using formal eviction proceedings.  The owner can give the lodger written notice that the lodger cannot continue to use the room.  The amount of notice must be the same as the number of days between rent payments (for example, 30 days).  When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner’s house and may be removed as a trespasser.

Penal Code Section 602.3 – states,

(a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding Section
853.5, the requirement of that section for release upon a written
promise to appear shall not preclude an assisting peace officer from
removing the person from the owner-occupied dwelling unit.
   (b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
   (c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
   (d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
   (e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
   (f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger

Partial Payment of Rent

Sep 21

If the landlord accepts partial payment during  the 3 day notice, a new notice for the balance of rent must be served in order to continue with an unlawful detainer  action.  If however, the tenant can prove that special arrangement was made for the payment for the balance, for payment at a future date, the court could determine that the new notice could not be served until the expiration of that new agreed upon date.

Sheriff Eviction

Aug 16

After you have obtained a judgment on your unlawful detainer complaint, you have to make a request for a writ of possession.  Then the writ of possession along with the sheriff instruction is delivered to the Sheriff office.

Then the sheriff will go to the property listed on the judgment and post a 5 day notice.  It notifies the tenant that they have 5 days to leave before the sheriff comes back.  If they fail to do so, the sheriff will remove them and have possession back to the landlord.

The landlord will be notified in advance when the sheriff will be at the property and to have a respresentative there along with a locksmith to take back possession.

Any property remaining on the property will be stored by the landlord for 15 days.  After that, any property under the value of $300 can be thrown away.  Anything above that can be sold at auction to recoup cost and expenses incurred by the landlord.

Section 8 Housing

Jul 27

Section 8 housing eviction process works as follows:

1.  if the eviction is for cause like the failure to pay rent for example, then you just need to give a three day notice to pay or quit.

2.  If the eviction is without cause then a 90 day notice is required.

In all cases, you have to keep the Housing Authority appraised of what is going on in the case.

Election of Forfeiture

Jul 05

The landlord may obtain a provision in an unlawful detainer judgment declaring the lease forfeited only if the notice to quite indicated the landlord’s election to declare a forfeiture.  The notice must use some language indicating forfeiture in addition to demanding that the tenant perform a covenant of the lease or quit the premises.

A Three Day notice that merely demands that the tenant pay rent or surrender the premises does not sufficient indicate a desire to forfeit the lease.  Within the Three Day Notice, it merely needs to have language showing the landlord’s intent to treat the lease as terminated is good enough.

Ordiance 173868

Jun 24

A landlord evicting for the purpose of demolition or removing the unit from the rental market must following the procedures indicated in Ordinance 173,868 (effective 4/5/2001).  The landlord must obtain and file the proper “Landlord Declaration of Intent to Evict” form from the Los Angeles Housing Department and record a Non-Confidential Memorandum with the County Recorder.

Within five days of submitting the completed Landlord Declaration, together with the recorded Non-Confidential Memorandum, the landlord shall give the tenant(s) a 120 day notice and include additional information as required in Ordiance 173,686.  Tenants who are at least 62 years of age or disabled and who have lived in the accommodations for the least one year prior to the landlord’s submission of the Landlord Declaration of Intent to Evict may request an extension of up to one year.


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