18Sep 2021 by Pat Geddie
What is Self-Help Eviction in California?

What is Self-Help Eviction in California?

Landlord/Tenant
California has strict laws regarding the landlord/tenant relationship, and both tenants and landlords should understand their rights, responsibilities, and restrictions. One restriction that landlords have is that they cannot engage in self-help evictions. Even when a tenant is in serious violation of the lease agreement, a landlord cannot: Turn off the utilities to the property, such as electricity, heat, or waterHave the locks changed so the tenant cannot enter their unitRemove the furniture or belongings of the tenantTake off the front door of the unit so that tenant has no privacy All of these are versions of self-help evictions, which are evictions that do not use the proper unlawful detainer procedures required by the law. What can a tenant do if a landlord engages in self-help eviction tactics? A tenant…
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19Jun 2021 by Pat Geddie
Common Lease Violations that Might Lead to Eviction

Common Lease Violations that Might Lead to Eviction

Landlord/Tenant
Once you sign a lease with a new residential tenant, you likely hope that since they agreed to all of the lease terms, they will comply with the terms for the duration of the lease. Unfortunately, most landlords know that lease violations are all too common, and some of them present the need to seek an eviction. The following are some common lease violations that might lead to the eviction of your tenants. To discuss your specific situation, reach out to an Encino landlord/tenant lawyer. Unpaid Rent When your tenant is behind on rent, you might be able to work out an arrangement for them to catch up. Sometimes, though, a tenant will fall too far behind or will not comply with a payment arrangement. In this situation, an eviction…
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12May 2021 by Pat Geddie
Obligations of Landlords in California

Obligations of Landlords in California

Landlord/Tenant
The lease goes both ways, giving tenants and landlords legal responsibilities. In exchange for the rent, landlords have a number of obligations. Here are four things that landlords must do when renting property. Follow the Legal Process The landlord must follow the law when it comes to evicting a tenant. They are not allowed to use “self-help” measures to evict the tenant on their own. This includes things like changing the locks or moving a tenant’s belongings out into the street. Instead, the landlord must file a legal action and can only evict if they get a court order. Don’t Discriminate Landlords have numerous federal and state laws to follow that prohibit discrimination. If a landlord is rejecting a renter’s application, they must have a sound basis. They are not…
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20Apr 2021 by Pat Geddie
Overview of the Residential Eviction Process in California

Overview of the Residential Eviction Process in California

Landlord/Tenant
The eviction process in California is all about giving a tenant notice of the reason why the landlord wants to evict and allowing them an opportunity to correct the problem. Usually, the landlord must give the tenant three days’ notice if the lease has been broken by failing to pay rent or follow the other terms. In that period, the tenant is able to pay the back rent or fix the problem. However, if the tenant has committed a serious violation of the lease, the landlord could give them a three-day notice that they will start eviction proceedings with no ability for the tenant to fix the situation. Self-Help Is Forbidden The landlord cannot evict the tenant on their own. Everything must be through the courts. The landlord must file…
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16Apr 2021 by Pat Geddie
Risks of Not Reading Your Residential Lease

Risks of Not Reading Your Residential Lease

Landlord/Tenant
When you find the perfect rental housing for you and your family, chances are you are simply excited to sign on the dotted line and start moving in. You might assume that if you’ve seen one residential lease, you’ve seen them all, and many people simply sign without much of a glance at the terms of the agreement. However, each lease is different, and you should be sure you are agreeing to the specific terms of this particular lease before you sign. It is often wise to have an Encino landlord/tenant attorney review the lease for you. If you fail to read a lease, many issues can arise, including: You inadvertently violate one or more terms of the lease (such as a provision preventing subleasing), and your landlord seeks to…
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24Feb 2021 by Pat Geddie
Know Your Rights Regarding Security Deposits

Know Your Rights Regarding Security Deposits

Landlord/Tenant
Security deposits are one of the most disputed issues between residential landlords and tenants in California. Most landlords require security deposits for a tenant to move in, and tenants have certain rights regarding these funds. However, landlords often violate - or are accused of violating - security deposit laws. If you are a tenant, always stay aware of your rights. Requirements for Security Deposits Each state is different, and California sets out the following requirements and restrictions for security deposits: Landlords are not allowed to charge non-refundable fees for move-in to cover possible repairs in the futureDeposits cannot be more than two months of rent for unfurnished units or three months for furnished units (it is less for active duty service members)The landlord must return the funds within 21 days…
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