Landlords Duty to Deliver Possession of Rental Property to the Tenant

When a landlord agrees to rent property to a tenant to begin on a specific date, the landlord is obligated to deliver possession on that date.

In order to deliver possession of the rental unit to the tenant, the landlord needs to make the unit available. This can be done by giving the keys to the tenant. The landlord also needs to make sure there is no one currently living in the unit. The landlord must also deliver the unit to the tenant in a habitable condition.

If the landlord does not deliver possession to the tenant, the tenant might be able to abandon the tenancy and sue the landlord for damages.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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Tariff Publishing for Moving Companies

Moving companies that transport household goods between states are required to have a tariff.  A tariff is a document that sets forth the rules a company will follow and the rates that a company will apply to all of its shipments.

The Law Office of David Piotrowski will create your custom tariff for you that complies with legal requirements. Attorney Piotrowski has been assisting interstate household goods moving companies for many years with their tariff publishing needs.

With Mr. Piotrowski’s tariff solution, the client will be provided with a tariff questionnaire form to complete.  The questionnaire form asks for the name of the moving company, it’s rates, packing charges, policies, and more.  Once the questions are returned to Attorney Piotrowski’s law firm, the firm will begin creating your very own custom tariff. Your tariff will be compliant with USDOT regulations.

Once you answer the tariff questions and finalize your payment, Mr. Piotrowski’s firm will get started immediately. Normal turnaround times for a complete custom tariff publishing solution is about 3-5 business days. The firm also offers an expedited, 1 day tariff publishing solution.

When your custom household goods tariff is completed, the law firm will mail a copy to you that meets tariff publishing requirements. Upon request, the firm will also email you a PDF version of your published tariff.

Give us a call at (877) 875-6958 to get started.

The Law Office of David Piotrowski assists moving companies with publishing their tariff and creating required documents such as as the Bill of Lading.

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Landlords: Use a 30 Day Notice to Change Terms in Your Rental Agreement to Your Advantage

Generally, landlords may change the terms of a month-to-month rental agreement by serving the tenant with a valid 30 day notice. The change in terms can change several items in the rental agreement. Landlords should exercise this right when there is a clause in the rental agreement that could potentially be troublesome to the landlord.

When a landlord changes the terms of a rental agreement by serving the tenant with a 30 day notice, the new terms replace the old terms and the new terms become a part of the rental agreement.

One clause that landlords may want to change is a clause that says the “winning” party in an eviction case will be entitled to recover attorney fees from the “losing” party. Why? Tenants often don’t have the money to pay their rent, let alone attorney fees. In the event that the landlord wins the case, the landlord will get possession of the property back, and possibly an award of attorney fees, but the tenant probably won’t pay. The tenant doesn’t have money, and the tenant has nothing to lose by having a negative mark on their credit report. On the other hand, if the landlords happens to lose the case, and the tenant gets an award of attorney fees ,the landlord might have to pay the tenant’s attorney fees.

My firm offers a free template for landlords to change the terms of the rental agreement to minimize attorney fees to the prevailing party to $500. The form is available for download here: http://www.attorneydavid.com/forms/AttorneyFeesTemplate.pdf.

The above example is one reason why a landlord might want to change the terms of their rental agreement. Landlords are encouraged to scrutinize their rental agreements and look for any provisions that might not be in their favor. If any exist, landlords should consider serving the tenant with a 30 day notice to change the terms and modify the rental agreement.

Landlords are cautioned that their right to change the terms of a rental agreement might be severely limited in rent control jurisdictions such as in the city of Los Angeles.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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What Happens if a Tenant Wins an Eviction Case Due to the Warranty of Habitability?

If the tenant has defaulted on his or her rent obligations and the landlord sues the tenant for non-payment of rent, the tenant can raise as a defense the “warranty of habitability.”

If a tenant wins the case based on the landlord’s breach of the warranty of habitability, the following is the likely outcome:

  • The court will determine the reasonable rental value of the premises in its untenantable condition
  • The court will allow the tenant to remain in possession and the tenant will be determined to be the prevailing party, so long as the tenant pays the adjusted rental amount within 5 days
  • The court will order that the monthly rent be limited to the reasonable rental value of the property until the landlord makes the needed repairs
  • The court will award the tenant attorney fees and costs if allowed by contract or statute

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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Unlawful Detainer Motion for Judgment on the Pleadings in California Under CCP 438

California Code of Civil Procedure section 438 allows a party to make a motion for judgment on the pleadings in an eviction case before the actual trial. CCP 438 also allows the court to make the motion on its own.

The plaintiff (landlord) can make a motion for judgment on the pleadings if:

  • The complaint states a cause of action and the answer does not state facts sufficient to constitute a defense.

The defendant (tenant) can make a motion for judgment on the pleadings if:

  • The court does not have subject matter jurisdiction, or
  • The complaint does not state a cause of action

Landlords can sometimes obtain a judgment by this method instead of proceeding to a trial. This may reduce added cost, especially if the tenant has demanded a jury trial.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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