New California Unlawful Detainer Rules Effective September 1, 2019

 

Landlords needing to evict a tenant in California are going to have to wait a little longer thanks to a new law taking effect on September 1, 2019.

California is very biased in favor of the tenant, and new unlawful detainer rules effective September 1, 2019 are extending the amount of time given to a tenant to comply with certain types of 3 day notices as well as giving tenants additional time to respond to a summons and complaint.

3 Day Notice to Pay or Quit and 3 Day Notice to Cure or Quit

CCP 1161(2) and CCP 1161(3) lays out the rules for 3 day notices to pay or quit and 3 day notices to cure or quit. Under the rules prior to September 1, 2019, when a landlord served a 3 day notice to pay or quit or a 3 day notice to cure or quit, the tenant had 3 days to comply, including weekends and holidays, but if the third day fell on a weekend or holiday, the tenant would have until the next business day. For example, if a landlord served a 3 day notice on a Friday, the tenant would have until the end of the day on Monday to comply (unless Monday was a holiday). If a landlord served the notice on a Thursday, the tenant would also have until the end of the day on Monday (unless Monday was a holiday), because the third day fell on a weekend or holiday.

Under AB-2343, the rules are changing so that landlords can no longer count weekends or holidays. Thus, if a 3 day notice to pay or quit or a 3 day notice to cure or quit was served on a Friday, the 3 days would not expire until the end of the day on Wednesday (unless there was a holiday that would extend the time even more).

Responding to a Summons

CCP 1167, regarding summons, is also being changed effective September 1, 2019. Under the old rules, a tenant had 5 calendar days to respond to a summons after being personally served with an unlawful detainer. Beginning September 1, 2019, weekends and holidays are no longer counted. Thus, if a summons/complaint was personally served on a tenant on a Wednesday, and assuming there are no intervening holidays, the tenant would have until the end of the day on the following Wednesday, to file a response (under the old rules, the tenant would have only had until the end of the day on Monday).

These new rules effectively mean the landlord will have to wait a little bit longer when going through an eviction that is based on non-payment of rent or other rental agreement violations. Landlords will also need to wait longer before taking a default on a tenant because the tenant will have more time to respond to a summons.

Landlords needing help with an eviction can contact the Law Office of David Piotrowski.

Posted in Code of Civil Procedure 1161(2), Code of Civil Procedure 1161(3), Code of Civil Procedure 1161(4), Evictions | Tagged , , , , , , , , , , , | Comments Off on New California Unlawful Detainer Rules Effective September 1, 2019

How to Evict a Tenant in Los Angeles in 10 Steps (Video)

 

If you want to evict a tenant in Los Angeles (or any other county in California), the 10 steps outlined in this video will give you a basic understanding of the process.

If you would like more information on evicting a tenant in Los Angeles, additional details can be read on our blog article discussing the Los Angeles tenant eviction process. If you are a landlord and ready to start the Los Angeles eviction process, contact us for a free consultation. If you are a landlord whose property is located outside of our service area, but you still want help, we offer a paid consultation to get you going in the right direction.

Posted in Evictions | Comments Off on How to Evict a Tenant in Los Angeles in 10 Steps (Video)

Paid Eviction Consultation for Landlords

 
Tenant Eviction
Tenant Eviction

In addition to our free consultations which have been offered to landlords for years, we now offer paid consultations for landlords who either want a more in-depth review and discussion regarding their eviction case, or for landlords who are located outside of our service area but still want to discuss the eviction with an experienced eviction attorney. Schedule your paid consultation today.

Paid Eviction Consultation

Our paid eviction consultations are for landlords who would like to discuss the eviction case in more detail with a landlord attorney for up to 30 minutes of time. Rather than receiving general information about evictions and how your case may proceed, a paid consultation allows both landlord and attorney to discuss the case in more detail and we can even review the rental agreement or other documents with the landlord to discuss a very personalized outline and determine the best way to proceed with the case.

A paid eviction consultation is also a great option for landlords who are located outside of our service area, but still want the advice of an experienced eviction attorney. Since our free consultations are available only to those landlords whose property is located within our service area, out-of-area landlords have the ability to discuss the case with us with a paid consultation.

Landlords can schedule a paid consultation easily here.

The Law Office of David Piotrowski represents landlords only with California eviction cases.

Posted in Evictions | Tagged , , , | Comments Off on Paid Eviction Consultation for Landlords

How to Evict a Tenant in Los Angeles County in 10 Steps

 
Free Eviction Notice
How to Evict a Tenant in Los Angeles County

This guide, written for landlords, provides instructions on how to evict a tenant in Los Angeles county in 10 steps.

Since each Los Angeles eviction case is different, landlords would be wise to consult with legal counsel before initiating an eviction case against a tenant. Briefly, here are the steps to evict a tenant in Los Angeles:

  1. Draft a valid notice of termination. This could be a 3 day notice, 30 day, 60 day, 90 day, or a different type of notice, depending on the reason for the termination of tenancy.
  2. Landlords must then serve the notice of termination on the Los Angeles county tenant. While no law currently prohibits the landlord from serving his or her notice, this is not recommended and the notice should be served by a process server or the sheriff.
  3. Wait the required number of days specified in the notice of termination, and see if the tenant complies. For example, if the landlord served a 3 day notice to pay rent or quit, determine whether or not the tenant paid the rent or moved out within 3 days.
  4. If the tenant complied with the notice, then there is nothing left for the landlord to do. But if the tenant did not comply with the notice, additional steps must then be taken to evict the Los Angeles county tenant.
  5. Draft the eviction complaint and other required documents and file your unlawful detainer (“eviction”) case at the correct court location.
  6. Have the unlawful detainer served on the tenant, preferably by a process server. Note: the plaintiff cannot serve the unlawful detainer on the tenant.
  7. Wait the required number of days to see if the tenant files any response with the court.
  8. If the tenant does not file any response, request a default judgment. If the tenant files a response, the landlord will need to take appropriate action. For example, if the tenant filed an answer, the landlord may want to request a trial.
  9. When the landlord wins the case, either by default of after a trial, and receives a judgment for possession of the property, the landlord can then begin the writ of possession and sheriff lockout process to enforce the judgment.
  10. The landlord will meet the sheriff at the property at the date specified by the sheriff and this will be the date when legal possession returns to the landlord!

The unlawful detainer process in Los Angeles county can be extremely convoluted and difficult. Hopefully this step-by-step guide has been helpful for Los Angeles landlords. We represent landlords only, so please reach out to us when you are ready to begin an eviction of your Los Angeles county tenant.

Posted in Evictions | Tagged , , , , , | Comments Off on How to Evict a Tenant in Los Angeles County in 10 Steps

Discovery in California Unlawful Detainer (Eviction)

 

Discovery in California Unlawful Detainer Eviction

Discovery in California Unlawful Detainer Eviction

Discovery in California unlawful detainer (eviction) cases proceeds similarly to discovery in other types of civil actions. One major difference, however, is that discovery in eviction cases typically moves much quicker.

I previously discussed the use of discovery in California eviction cases in a recent blog article. The video below provides a helpful overview for those who would like to know what discovery is, how it works, and under what circumstances it may be beneficial to utilize discovery in a California eviction case. The video briefly touches on three types of discovery methods: Requests for Admissions, Request for Production of Documents, and Interrogatories.

If you as a landlord have been served with discovery in your California unlawful detainer case, or if you are contemplating drafting a set of discovery questions to send to your tenant, we may be able to help. Remember, though, we only assist landlords and can only provide a free consultation to landlords whose rental property is located in our service area. If you are outside of our service area, we provide a paid consultation on a case-by-case basis.

Ready for more help? Contact the Law Office of David Piotrowski.

Posted in Evictions | Tagged , , , , , | Comments Off on Discovery in California Unlawful Detainer (Eviction)