Ventura County Lawyer for Landlord

 
Ventura Eviction Lawyer

Lawyer for Landlords in Ventura

Ventura County Lawyer for Landlord

The Law Office of David Piotrowski is a law firm representing landlords only in Ventura county. We do not represent tenants. We have a stellar reputation of success evicting tenants in Ventura county, and we would like the opportunity to evict your Ventura tenant.

It’s easy to find lawyers who represent tenants. Generally speaking, California is a liberal state and the laws favor tenants. The goal of our law firm is to even the playing field as much as possible. We are a law firm for landlords in Ventura, and we can assist with many different types of Ventura evictions.

Reasons for Evicting a Ventura Tenant

Some common reasons for needing a landlord attorney in Ventura include:

  • Non-payment of rent. This type of eviction would be based on CCP 1161(2) and is the type of eviction needed when a Ventura tenant stops paying rent.
  • Violating the rental agreement. This type of  Ventura eviction under CCP 1161(3) is needed when the tenant is breaking other terms of the lease, such as smoking or having pets when the lease prohibits such things.
  • Causing a nuisance or damaging the property. This Ventura eviction type is based on CCP 1161(4) and is sometimes considered the most severe type of eviction because a Ventura eviction based on CCP 1161(4) does not give the tenant an opportunity to fix the violation, whereas a CCP 1161(2) and CCP 1161(3) eviction gives the tenant an opportunity to fix the problem.

Get More Information on Ventura Landlord Eviction Services

Visit our law firm page on Ventura evictions. We hope you give us the opportunity to assist with your Ventura eviction.

Ready to Begin the Tenant Eviction?

We represent landlords only with eviction cases. We will work hard to make the tenant eviction in Ventura county go as quickly and stress-free as possible for you, the landlord.

Be sure to check out the Law Office of David Piotrowski reviews! We look forward to serving you with your tenant eviction in Ventura County. We offer a free consultation on most cases for Ventura eviction cases.

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Tenant Eviction in Santa Clarita, Valencia, and the SCV

 
Santa Clarita Eviction Attorney

Tenant Eviction in Santa Clarita

Tenant Eviction in Santa Clarita

Landlords needing to begin a tenant eviction in Santa Clarita, Valencia, Newhall, Castaic, Saugus, Canyon Country, and the rest of the SCV need look no further for a local 5 star tenant eviction lawyer. We have been assisting landlords in the SCV since 2004, and we would like to assist you, too!

The Cause of a Tenant Eviction Case in Santa Clarita

A tenant eviction in Santa Clarita and the surrounding communities is typically the result of the tenant doing something (or failing to do something) that is required under the terms of the rental agreement. Common examples leading to a tenant eviction in Santa Clarita include the tenant failing to pay the rent when due, the tenant having pets at the property when the lease says no pets, or the tenant smoking when the lease prohibits smoking.

Other times, the Santa Clarita eviction is not due to the the tenant violating the agreement, but rather the landlord may need the property back for his or her own use or simply no longer wishes to rent the property to the tenant. A landlord may terminate a month-to-month tenancy in Santa Clarita for any reason, so long as the underlying motive is not retaliatory or discriminatory.

Each Tenant Eviction in Santa Clarita is Different

The above examples can be categorized into two basic areas: the first can be considered a  tenant “at-fault” eviction, and the second can be considered a tenant “no-fault” eviction. An at-fault eviction is an eviction that is the result of something the tenant did or did not do . The tenant is being evicted due to their “fault.” A no-fault eviction is when the tenant hasn’t done anything wrong, but the landlord wants to regain possession for another reason.

This law firm has extensive experience with both types of tenant evictions in Santa Clarita, and we would be happy to discuss your tenant eviction case in detail with you through a free, no-obligation consultation. When you are ready to begin a tenant eviction in Santa Clarita or the greater SCV, please contact us to discuss your tenant eviction case through a free consultation.

Ready to Begin the Tenant Eviction?

We represent landlords only with eviction cases. We are local to the SCV and we will work hard to make the tenant eviction in Santa Clarita go as quickly and stress-free as possible for you. We understand that the eviction process can be stressful and emotional for both the landlord and the tenant.

Be sure to check out our reviews! We look forward to serving you with your tenant eviction in Santa Clarita. We offer a free consultation on most cases for SCV landlords.

Santa Clarita Evictions

Generally speaking, an eviction in Santa Clarita and the greather Santa Clarita Valley is handled out of the Chatsworth courthouse in 2019. Some evictions may take place in Lancaster, however. In the past, evictions in Santa Clarita took place at the Valencia courthouse, and then at the Pasadena courthouse. Now, though, Santa Clarita evictions take place out of the Chatsworth courthouse.

Landlords can expect a Santa Clarita eviction to take anywhere from 5-7 weeks if the case is uncontested by the tenant, or 2-3 months if the case is contested. Please note that these are average time frames only, and each case is different and provides a unique set of facts that may alter the time it actually takes to evict the tenant. Occasionally, tenants may attempt to delay the case. We can oftentimes counter this by taking swift action to speed up the case. If you need help with evicting a tenant, give us a call and we will do our best to assist you.

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Service Animals, Emotional Support Animals and a Landlord’s “No Pets” Policy

 

Several rental agreements include “no pets” language. This means a tenant is not allowed to have a pet of any kind at the rental property. If a tenant violates a “no pets” policy in a rental agreement, the landlord would have ground for serving the tenant a 3 day notice to cure or quit. But what happens if the tenant informs the landlord that the pet is a service animal or an emotional support animal? Must a landlord then allow such an animal to remain at the property even though it contradicts the rental agreement? The answer is a big “maybe, but likely yes.”

I previously wrote an article entitled, “Reasonable Accommodations for Rental Units for People with a Disability in California.” Essentially, landlords must be able to make reasonable accommodations to certain tenants.

There are several laws in play here, and this article is not meant to address or discuss all of these laws. The important takeaways with respect to service animals and emotional support animals as they relate to California tenancies include the following:

  • Federal and state laws require landlords to make reasonable accommodations to tenants
  • A landlord is prohibited from charging a fee as a condition of granting the accommodation (so no pet deposit or any other extra charge!)
  • Normal pet restrictions on type, size, and breed restrictions may not apply
  • The animal is not just limited to dogs or cats
  • The tenant can be required to sign reasonable rules of conduct for the animal
  • The landlord can request written verification from the tenant’s health care provider or other party that 1) the tenant meets the California definition of a disability, and 2) the animal is related to and needed for the disability. However, the landlord cannot demand that the nature of the disability be identified

The landlord may be able to deny the animal under limited circumstances, including:

  • If the animal poses a threat to the health or safety of others
  • Is creating a nuisance
  • Is damaging property

When a tenant informs the landlord that a pet is needed due to a disability or for emotional support, the landlord must act carefully and should consult with a disability attorney as well as an eviction attorney before taking action.

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How Long Does it Take to Evict a Tenant in California?

 

“How long does it take to evict a tenant in California?” This is a question I am regularly asked by landlords. Landlords are often surprised at how long it takes to evict a tenant in California, but then I explain to landlords that eviction cases generally go much faster than other types of court cases, because eviction cases receive priority in the court system per CCP 1179a.

How Long Does it Take to Evict a Tenant in California?

In determining the length of time to evict a California tenant, the following factors must be considered:

  • How fast does the landlord take action to evict the tenant?
  • How fast does the attorney representing the landlord act?
  • How fast the court acts in processing documentation and trials.
  • How fast the sheriff processes the Writ of Possession.
  • Whether or not the tenant contests (fights) the eviction.

How fast does the landlord act? Did the landlord begin the process of evicting the tenant immediately, or did the landlord wait, try to work out a deal with the tenant, and delay the actual start of the case?

How fast does the attorney take action? Does the attorney have a process of preparing paperwork and getting things done quickly and correctly the first time? Does the attorney act promptly when receiving paperwork from the court and the client? If the client hires my firm, you can be assured that we take action as quickly and as legally possible to return possession to the landlord as fast as possible.

How fast does the court process documents? This is a big variable and depends greatly on what court you go to. You must go to the court where the rental property is located, so unfortunately you cannot go to one of the “quicker” courts unless your property is situated in the jurisdiction of one of those courts. For example, in Los Angeles county, Chatsworth and Pasadena is pretty quick. Lancaster and downtown Los Angeles are very slow. As an example, on recent cases of ours, it took the Chatsworth court 2 days to issue a Writ of Possession. It took the Lancaster court 1 month to issue a Writ of Possession. Ventura courts can issue the Writ of Possession while you wait at the counter without any delay at all. The Santa Barbara court processes the Writ of Possession online and delivers it via email usually within 1 business day.

How fast does the sheriff process the Writ of Possession? Like the court, the time it takes the sheriff to process documents such as the Writ of Possession varies depending on which sheriff office handles your case. Again, you cannot pick and choose which sheriff office to use. Some sheriff offices, such as the one in San Fernando, processes documents within a few days. Others, like the office in downtown LA, may take a month. The Ventura sheriff usually processes documents within a few days, as does the sheriff in Santa Barbara.

Of course, if your tenant does not fight the eviction case, the landlord will receive possession of the property much faster than if the tenant contests the case. Non-disputed eviction cases generally take 4-6 weeks start to finish, whereas disputed evictions generally take an additional month to month and a half, on average.

Thus, there is no easy way to answer the very common question of, “How long does it take to evict a tenant in California?” The answer depends on many different factors, several of which are outside the control of the landlord and attorney.

We represent landlords with eviction cases in California. Do you need help evicting a tenant? Contact the Law Office of David Piotrowski. We will work hard to make the length of time it takes to evict your tenant as short as legally possible.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases for landlords with a property in our service area.

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What Happens to the Tenant’s Personal Property After the Sheriff Lockout in California?

 

This article discusses what happens to the tenant’s personal property after the sheriff has completed the lockout and the landlord has regained possession of the property in California through an unlawful detainer (eviction).

First, some background. By the time the sheriff completes the lockout and removes the tenant from the rental property, the landlord has already progressed through the unlawful detainer action and received a judgment for possession of the property. The landlord has already applied for and received a Writ of Possession from the court and has submitted the Writ and sheriff instructions to the sheriff office. The sheriff has scheduled the lockout and evicted the tenant from the property. The landlord now has possession of the property. Sometimes, unfortunately, tenants will leave personal property behind after the lockout. So, how does a landlord handle personal property left behind by the vacating tenant?

To answer this question, the Writ of Possession itself includes the following language:

“…personal property remaining on the premises will be sold or otherwise disposed of in accordance with CCP 1174 unless you or the owner of the property pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditor takes possession of the premises.”

The landlord must hold on to the items for 15 days after the sheriff lockout takes place and give the tenant an opportunity to reclaim the items at a mutually convenient time. The landlord can move the items and clean the property, but the landlord must maintain the safekeeping of the items during this 15 day holding period. The landlord should not allow the tenant unsupervised access to the property, nor should the landlord give a key to the tenant. The landlord should treat the ex-tenant as an unwelcome guest in the owner’s property and make an appointment with the tenant to reclaim his or her items at a mutually convenient time, while the owner or his/her agent waits at the property. The landlord should lock the door as soon as the tenant has completed removing their personal property. Legally, the landlord can charge the tenant a reasonable storage fee, but in our experience, that’s more trouble than its worth. It’s in the landlord’s interest for the ex tenant to remove the property as quickly as possible so the landlord doesn’t have to deal with it anymore.

But what happens if the 15 days comes and goes and the ex tenant hasn’t reclaimed the personal property? The landlord needs to make a reasonable determination of the total value of all items left behind by the vacating tenant. $700 is the dollar amount to keep in mind. Once the 15 days have expired, if the landlord reasonably believes the total value of the items left behind is less than $700, then the landlord can dispose of the items. But if the landlord reasonably believes the total value is $700 or more, the landlord must auction off the items in accordance with California law.

Before disposing of items or having the items auctioned, it is a best practice for the landlord to take pictures and/or an inventory of the items.

We represent landlords with eviction cases in California. Do you need help evicting a tenant? Contact the Law Office of David Piotrowski.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases for landlords with a property in our service area.

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