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.

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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.

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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.

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The Use of Discovery in California Unlawful Detainer Evictions

 

Discovery in California Unlawful Detainers

Discovery in California Unlawful Detainers

Discovery is an optional phase of the California unlawful detainer eviction process. If either the landlord or tenant sends discovery questions to the other side, responses will be required by the answering party, and the time period for which to respond to discovery questions is short. Discovery is a way to gain additional information from the other side and to help prepare for trial and minimize the chances of an unexpected surprise at trial.

Discovery can ask the other side to answer relevant details about the tenancy, to produce documents relating to the tenancy, and to admit or deny certain facts. There are several forms of discovery, but the three main types of discovery in California unlawful detainers are:

  • Interrogatories
  • Inspection of Documents
  • Requests for Admissions

A landlord or tenant may use one or all of these types of discovery techniques, and oftentimes a party will use all three, as they each have their individual purpose. For example, if the eviction case is based on the tenant failing to pay the rent, the landlord could demand from the tenant through the use of discovery:

  • Admit that the tenant failed to pay the rent in June 2019 (this is a sample “Request for Admission”).
  • Provide a copy of your cancelled check showing rent was paid for June 2019 (this is a sample “Inspection of Documents”).
  • List all rent payments and rent credits made or claimed on behalf of defendant beginning 12 months before the notice to quit was served (this is a sample Interrogatory).

A landlord may want to send discovery questions to the tenant to find loopholes in the defenses that the tenant raised in his or her answer. The landlord may try to establish that the tenant committed the allegation being asserted in the complaint. The landlord may use discovery to rebut the tenant’s warranty of habitability defense or to determine the names of all people living at the rental unit.

A tenant may send discovery questions to the landlord to try and discover bases for affirmative defenses. If the property is in a rent control area, the tenant can use discovery questions to try and show bad faith on the part of the landlord, since most rent control jurisdictions require the landlord to have a specific reason for the eviction that falls within a list of justifiable circumstances.

While discovery can be used in constructive ways, it is not without its downsides. There is normally a cost involved by both sides to draft questions and provide responses. Most of the time, sending discovery will not delay a case, but there is a possibility that a trial may be delayed pending discovery (which is why it is important to begin discovery at the earliest opportunity during the case). Thus, while both landlord and tenant have the right to use discovery in California unlawful detainer actions, the decision on whether or not to proceed with discovery needs to be discussed on a case-by-case basis between the party and his or her attorney.

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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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