Speed Up a Los Angeles Unlawful Detainer Demurrer Hearing

 

Want to speed up your Los Angeles demurrer hearing?

Sometimes, tenants will try to delay an eviction case in Los Angeles by filing a demurrer. A demurrer is a procedure used in the initial stages of an eviction or other legal proceeding to obtain the courts ruling on the formal or legal sufficiency of the allegations in your complaint. For example, a demurrer filed by a tenant may allege that the 3 day notice to pay or quit was defective.

It is common practice for tenants to set the hearing date for the demurrer for at least a month in the future. Of course, this is bad for the landlord. It means a month delay and more lost income. The tenant’s goal is to delay the case to the detriment of the landlord.

Instead of waiting a month or longer for the court to rule on the tenant’s demurrer, a landlord who knows what they are doing can have the demurrer heard in as little as a few days. This will save time, not to mention money in lost income from a tenant who isn’t paying any rent. Thus, if a tenant files a demurrer in an unlawful detainer eviction case, and it is clear that it is a delay tactic, landlords may want to take action to shorten the time for the demurrer hearing and request an immediate ruling on the demurrer. Once the court overrules the tenant’s demurrer, tenant’s will generally have only 5 days to file an Answer. The Law Office of David Piotrowski represents landlords and can speed up your demurrer hearing.

Additional blog posts on evictions can be found here.

For more information, contact the Law Office of David Piotrowski.

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Common Tenant Defenses to an Unlawful Detainer Eviction in California

 

Tenants will sometimes fight an unlawful detainer eviction case by raising a defense to the eviction. Some common tenant defenses to an unlawful detainer in California include:

  • Breach of the warranty of habitability. The landlord’s duty to provide a habitable property is independent of the tenant’s duty to pay rent. This means that the tenant’s failure to pay rent does not excuse the landlord from maintaining a habitable property.
  • Waiver of the notice to quit. This often happens when the landlord accepts rent after the notice expired.
  • Retaliation.
  • Landlord’s breach of the rental agreement.
  • Discrimination.
  • Violation of eviction or rent control ordinance.
  • Repair and deduct remedy.
  • Title is at issue.
  • Overpayment of rent.

Read David Piotrowski’s “Landlord Best Practices and Eviction Overview” book. If you need help with an eviction in Southern California, contact us today. Also, be sure to check out our Yelp reviews!

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How Long Does an Eviction Take in California?

 

How long does it take to evict a tenant in California? This is a question we get asked frequently. The time frame it takes to evict a tenant in California varies from court to court. In Los Angeles county, typical cases can take anywhere from 1 month to 3 months on average, depending on several factors. Ventura county evictions are typically slightly faster. To put this in perspective, a typical civil case can take over a year to resolve. While many landlords balk at the 1-3 month time frame to evict most tenants in California, the process is generally much faster than a regular civil case. This is because unlawful detainer eviction cases receive priority on the court’s calendar.

As you can see, unlawful detainer eviction cases in California are relatively quick. This does NOT mean they are easy. Unlawful detainer cases are extremely technical. The slightest error on the part of the landlord can cause the entire cast to be lost. If the case is lost, the landlord would have to refile from the beginning, restarting the timeframe and amounting to added expense and pressures. It is recommended to have an attorney represent you in court.

Read David Piotrowski’s “Landlord Best Practices and Eviction Overview” book. If you need help with an eviction in Southern California, contact us today. Also, be sure to check out our Yelp reviews!

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Carpinteria Eviction Attorney

 

We are an eviction law firm representing landlords in Carpinteria. If you need an eviction attorney in Carpinteria, look no further than the Law Office of David Piotrowski. Here are some common reasons for needing an eviction attorney in Carpinteria: 1) Non-payment of rent 2) violating the rental agreement 3) subleasing without permission 4) damaging the property 5) you simply don’t want to renew the month-to-month agreement.

Whatever your reason is for needing an eviction attorney in Carpinteria, the Law Office of David Piotrowski offers a free consultation for Carpinteria landlords. Why not call us today to see how we may be of service to you in evicting your Carpinteria tenant?

An eviction in Carpinteria begins by the landlord serving a termination notice on the tenant. The most common termination notices are the 3 day notice, 30 day notice, and 60 day notice. At the end of the notice period, assuming the tenant has not moved, the Carpinteria landlord needs to file the eviction (unlawful detainer) case in court. We can help!

Contact us today for more information on Carpinteria evictions.

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Need an Eviction Attorney in the San Fernando Valley?

 

Need an eviction attorney in the San Fernando Valley?Are you a landlord in the San Fernando Valley in need of a San Fernando Valley eviction attorney?  The Law Office of David Piotrowski assists landlords in the San Fernando Valley.  Many times, it is necessary to remove an uncooperative tenant, because the tenant failed to pay the rent when due, is violating a term of the rental agreement, or has remained in possession of the property after the lease expired.

The San Fernando Valley eviction process begins when you contact the Law Office of David Piotrowski.  We will serve the appropriate termination notice on the tenant and then file and proceed with the San Fernando Valley eviction process through the court system.  The Law Office of David Piotrowski will normally file the appropriate notice on your San Fernando Valley tenant within 1 business day.  Our goal is to act swiftly and seek to remove your San Fernando Valley tenant from your home as soon as possible.

If you need an eviction attorney in the San Fernando Valley, don’t wait another day. Contact us today.

Read David Piotrowski’s “Landlord Best Practices and Eviction Overview” book. If you need help with an eviction in the San Fernando Valley, contact us today. Also, be sure to check out our Yelp reviews!

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