BASIC OVERVIEW

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

• General Overview of the Eviction Process
• Basic Notices to Terminate the Tenancy
• Review Unlawful Detainer Case
• Summons/Complaint
• Answer
• Default Process
• Sheriff Lock - Out

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GENERAL OVERVIEW OF THE EVICTION PROCESS
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WAYS TO TERMINATE A TENANCY

• FAILURE TO PAY RENT
• a. 3 Day Notice to Pay Rent or Quit
• TENANT IS IN VIOLATION OF ANY PROVISION OF THE
  LEASE OR AGREEMENT
• a. 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 QUIT
• a. Ex 3 / 30 / 60 / or 90 Day Notice to Quit

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NOTICE TO PAY RENT OR QUIT

• 3 Day Notice to Pay Rent or Quit
• 3 days begins on the first day after service of
  the notice
• If 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 due
• Late 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 to
• If payment made in person the usual days and
  hours the person is available to receive the rent
  payment

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NOTICE TO PERFORM (CURE) OR QUIT

• Notice 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

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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 waste
• creating 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

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NOTICE TO QUIT (NO CAUSE)

• 3 Day Notice to Quit
• (a) Owner / Post foreclosure
• 30 Day Notice to Quit
• Applicable if Tenant lived there for less than 1
  year
• If property is subject to rent control, then the
  notice must state a just cause or pay relocation
  fees
• Tenant / Post foreclosure
• 60 Day Notice to Quit
• Applicable if Tenant lived there for more than 1
  year
• If property is subject to rent control, then the
  notice must state a just cause or pay relocation
  fees
• 90 Day Notice to Quit
• Applicable to 8 Tenants
• If 8 housing is subject to rent control, then
  the notice must state a just cause

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SUMMONS

• Summons must be served on the Tenant named on the
  Complaint by proper service
• Service requirements
• Anyone over 18 and not party to the case
• Personal
• Substituted
• Nail and Mail

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UNLAWFUL DETAINER COMPLAINT
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COMPLAINT

• Complaint 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.

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ANSWER TO UNLAWFUL DETAINER
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ANSWER

• Allows 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

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DECLARATION FOR DEFAULT JUDGMENT
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REQUEST FOR ENTRY OF DEFAULT
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DEFAULT PROCESS

• If 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

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WRIT OF POSSESSION
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WRIT OF POSSESSION

• Writ of Possession
• After Tenant loses, the Landlord may obtain Writ
  of Possession and serve on Tenant
• Tenant is Locked Out
• 5 Day Notice to Vacate
• Sheriff executes writ by serving 5-Day Notice to
  vacate

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• QUESTIONS ?

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THANK YOU