Common Three Day Notice Mistakes in Eviction Cases

Landlords who make mistakes with the 3 day notice may render the notice ineffective and cause the landlord to lose the entire unlawful detainer eviction case. Correct 3 day notices are crucial for the landlord’s eviction case. Many landlords try to save money by creating and serving the 3 day notice without the help of experienced counsel. This is not advised. Common mistakes with the 3 day notice include the following:

  • Too much rent is demanded in the notice
  • Late charges, interest, and damages were requested, when they were not owed
  • Service of the notice was done incorrectly
  • The rent demanded exceeds 1 year
  • The notice lists incorrect names or property address
  • The notice does not specify how or to whom to pay (if based on a three day notice to pay or quit)
  • The notice does not include a description of what needs to be cured or fixed

Don’t risk losing an eviction case because of a defective 3 day notice. Hire legal counsel to create and serve your 3 day notice correctly.

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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California Evictions Based on Nuisance under CCP 1161(4)

A landlord may evict a tenant if the tenant is committing a nuisance. The landlord may base the eviction off a 3 day notice to quit, without any opportunity to cure. Nuisance is defined in Civil Code 3479 as:

Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

The following are examples of what has been found to constitute a nuisance to support an eviction:

  • Noise during the usual hours of sleep
  • Being boisterous and intoxicated while quarreling to excess
  • Using vile language
  • Selling a controlled substance on the premises
  • Unlawfully possessing or using illegal weapons or ammunition
  • Dogfighting
  • Cockfighting

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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Warranty of Habitability and Retaliation Defenses in an Unlawful Detainer Case

 

A further blow to California landlords: Tenants may litigate warranty of habitability and retaliation defenses in an Unlawful Detainer case, even if they did not check these boxes on their Answer. So long as a tenant identifies a breach of the warranty of habitability or of retaliation somewhere in their answer and discusses this at the unlawful detainer trial, the court will allow a tenant to litigate these issues. This is true even if a landlord is evicting a tenant under a valid 30 day or 60 day notice to terminate tenancy.

This ruling further erodes the landlords ability to evict tenants in California.

The full opinion of the court is below.

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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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May 2014 General Order for Unlawful Detainer Cases in Los Angeles County

The LA Superior Court issued a general order in May 2014 pertaining to unlawful detainer eviction cases. A copy of the order is below.

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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Landlords Demanding Late Charges Payments from Tenants

Late payment fees are outlined in California Civil Code section 1671. Generally, late fees in rental agreements are enforceable, so long as they are not too high to be considered a penalty. The late fees should not exceed the administrative cost of processing the late payment and the lost revenue resulting from the lateness of the payment.

Late fees under Civil Code 1671 states that the late fees must be agreed on by the parties in an amount “which shall be presumed to be the amount of damage sustained by a breach thereof” when, from the nature of the case, establishing the actual damage “would be impracticable or extremely difficult.”

Thus, when establishing a late fee provision in a rental agreement, it is important to set an amount that cannot be considered a penalty. The late fee should be a good faith estimate of actual damage suffered by the landlord.

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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