BASIC OVERVIEW

RONNETTE RAMOS CAROLYN GOLD SAN FRANCISCO APRIL 22, 2008LANDLORD- TENANT LAW

OVERVIEWGeneral Overview of the Eviction Process

Basic Notices to Terminate the Tenancy

Review Unlawful Detainer Case* Summons/Complaint* Answer

Default Process

Sheriff Lock - Out

GENERAL OVERVIEW OF THE EVICTION PROCESS

WAYS TO TERMINATE A TENANCY

FAILURE TO PAY RENTa. 3 Day Notice to Pay Rent or Quit

TENANT IS IN VIOLATION OF ANY PROVISION OF THE LEASE OR AGREEMENTa. 3 Day Notice to Perform Covenant or Quit aka 3 Day Notice to Cure or Quit

TENANT MATERIALLY DAMAGES THE PROPERTY OR INTERFERED WITH OTHER TENANTS a. 3 Day Notice to Quit (Waste or Nuisance)

NOTICE TO QUITa. Ex: 3 / 30 / 60 / or 90 Day Notice to Quit

NOTICE TO PAY RENT OR QUIT3 Day Notice to Pay Rent or Quit3 days begins on the first day after service of the noticeIf the 3rd day falls on a Saturday, Sunday or legal holiday the three-day period will not expire until the following Monday or non-holiday

Notice must accurately state amount of rent that is dueLate charges is NOT rent unless stated in written agreement

Notice must conform to CCP 1161(2) Must list the amount of rent due, name, address and telephone number of the person to pay rent toIf payment made in person the usual days and hours the person is available to receive the rent payment

NOTICE TO PERFORM (CURE) OR QUITNotice must be specific enough to allow Tenant to know what to do to cure the breach or lease violation

Los Angeles Rent Stabilization Ordinance (LARSO) requirements:Date of the alleged circumstances; Names of witnesses; Place of alleged circumstances and Specific circumstances

3 DAY NOTICE TO QUIT (FOR CAUSE) Landlord can serve the Tenant with a notice to vacate if the Landlord believes the Tenant is committing wastecreating a nuisance on the premises or using it for an illegal purpose.

Waste i.e. destroying the property

Nuisance i.e. dumping garbage or seriously and repeatedly disturbing other Tenants or neighbors

Illegal purpose i.e. selling drugs on property

NOTICE TO QUIT (NO CAUSE)* 3 Day Notice to Quit(a) Owner / Post foreclosure

* 30 Day Notice to QuitApplicable if Tenant lived there for less than 1 yearIf property is subject to rent control, then the notice must state a just cause or pay relocation feesTenant / Post foreclosure

* 60 Day Notice to QuitApplicable if Tenant lived there for more than 1 yearIf property is subject to rent control, then the notice must state a just cause or pay relocation fees

* 90 Day Notice to QuitApplicable to 8 Tenants If 8 housing is subject to rent control, then the notice must state a just cause

SUMMONSSummons must be served on the Tenant named on the Complaint by proper service

Service requirements:Anyone over 18 and not party to the casePersonalSubstitutedNail and Mail

UNLAWFUL DETAINER COMPLAINT

COMPLAINTComplaint is filed by Landlord and served on the Tenant along with the Summons

CCP 1166 (a) The Complaint shall:(1) Be verified and include the name of the person verifying the complaint.(2) Set forth the facts on which the plaintiff seeks to recover.(3) Describe the premises with reasonable certainty.(4) State the amount of rent in default.(5) State specifically the method used to serve the defendant. (c) (1) In an action regarding residential property, the plaintiff shall attach to the complaint the following:(A) A copy of the notice or notices of termination served on the defendant.(B) A copy of any written lease or rental agreement regarding the premises. (2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a 5-day period in order to include the required attachments.

ANSWER TO UNLAWFUL DETAINER

ANSWERAllows the Tenant the opportunity to deny any statements in the Complaint or to allege new facts

Tenant has 5 days to file a written response aka Answer from date of service

DECLARATION FOR DEFAULT JUDGMENT

REQUEST FOR ENTRY OF DEFAULT

DEFAULT PROCESSIf Tenant does not respond to Landlords Complaint the Landlord may ask the court for a Default against the Tenant

Tenant loses case without a trial and Landlord has legal right to remove the Tenant from the premises after Default Judgment has been entered

Tenant may ask the Court for a Motion to Set Aside Default

WRIT OF POSSESSION

WRIT OF POSSESSIONWrit of Possession After Tenant loses, the Landlord may obtain Writ of Possession and serve on Tenant

Tenant is Locked Out 5 Day Notice to VacateSheriff executes writ by serving 5-Day Notice to vacate

QUESTIONS ?

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