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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Civil Code 1927, Tenant Right to Quiet Enjoyment in California

 

California Civil Code 1927 states:

An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.

In other words, implied in every rental agreement, there is an obligation by the landlord to provide the tenant with “quiet enjoyment” and not to disturb the tenant. A landlord who does not provide the tenant with quiet enjoyment under Civil Code 1927 subjects himself to liability.

To establish the landlord’s breach of quiet enjoyment, the tenant must be able to show substantial interference. Mere inconveniences or annoyances are insufficient.

If the landlord breaches the duty to provide quiet enjoyment to the tenant under Civil Code 1927, the tenant may be able to:

  • Bring an action for breach of contract against the landlord
  • Exercise remedies found in Civil Code 1940.2
  • Seek injunctive relief to force the landlord to stop whatever he is doing
  • Raise the landlord’s breach of quiet enjoyment as a defense to an action for unlawful detainer if the landlord sues for possession

There may be other remedies available to tenants if the landlord breaches the implied covenant of quiet enjoyment under Civil Code 1927. Contact an attorney to review your case.

For help with an eviction case in California, contact the Law Office of David Piotrowski today at (877) 875-6958.

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