Unlawful Detainer

Unlawful detainer occurs when a tenant violates the terms of their lease agreement. California Code of Civil Procedure Section 1159 through 1179a outlines the circumstances under which a tenant may be evicted and the process for doing so. In Los Angeles, evictions are also governed by the Just Cause For Eviction Ordinance. 

Landlords and tenants should familiarize themselves with these laws in order to safeguard their rights, navigate potential challenges with confidence and ensure a smooth resolution to unlawful detainer issues.

The first step in an unlawful detainer case is serving the tenant with a written notice to cure or quit. This notice informs the tenant of a lease violation and provides an opportunity to remedy the situation or vacate the property voluntarily. It is essential to ensure that the notice complies with California law to avoid potential complications during the eviction process.   

A notice period is the allotted amount of time that tenants are given to respond or comply with a notice issued against them, depending on its content and type. Nonpayment of rent typically requires a three-day notice; other violations generally call for a 30-day notice period. A 30-day or 60-day notice is used to terminate a month-to-month tenancy, It is crucial to accurately calculate and adhere to the appropriate notice periods for legal compliance purposes.

If the tenant fails to respond or rectify the violation within the specified time or  after the 30-day or 60-day notice has expired, the landlord unlawful detainer landlord can proceed with filing an unlawful detainer lawsuit in the appropriate Los Angeles court. This step initiates the legal process of eviction and requires the landlord to provide evidence of the lease violation. It is advisable to consult with a skilled unlawful detainer attorney in Los Angeles to ensure a strong case is made.

After an unlawful detainer complaint has been filed, tenants have an opportunity to respond and present their defense at a hearing before a judge. Before this hearing takes place, landlords should be well-prepared with documentation and evidence supporting their claims. Having an experienced Los Angeles landlord eviction attorney by your side may increase your chances of success by ensuring your case is strong and supported by evidence and documentation.

If tenant surrenders possession after the unlawful detainer action is filed but before trial, or before judgment is entered if there is no trial, pursuant to Civil Code Section1952.3 the action will be converted to a normal civil action. 

If the tenant files a civil lawsuit against the landlord before or after the filing of the unlawful detainer action, the tenant may move to consolidate the unlawful detainer action pursuant to Code of Civil Procedure Section 1048.  In addition, tenant may bring a motion stay or enjoin the unlawful detainer action. 

If the court rules in favor of the landlord, a judgment will be issued granting possession of the property back to the owner. After the owner receives a Judgment of Possession from the court, he or she must complete the Judgment – Unlawful Detainer form, which will be signed by the judge and filed with the clerk. 

Next, the landlord must file a Writ of Possession. This document must be issued (stamped) by the clerk and taken by the landlord to the sheriff’s office. The sheriff will then serve a Notice to Vacate upon the tenant. If the tenant does not vacate the premises within five days, the sheriff will remove the occupant(s) from the property.

Understanding the basics of unlawful detainer under California law is essential for landlords and tenants in Los Angeles and throughout California. By familiarizing yourself with the process, adhering to legal requirements, and seeking experienced unlawful detainer legal guidance, you can protect your rights while working through the eviction process efficiently. 

If you are dealing with the challenging process of unlawful detainer and are in need of knowledgeable legal guidance, the Los Angeles unlawful detainer attorneys at Simantob Law Group are ready to provide you with the personalized counsel and representation you need to navigate the eviction process successfully.

• EXPERIENCE.  Our lead unlawful detaienr attorney – Lisa D. Simantob, Esq. has over 30 years’ experience as a Los Angeles unlawful detainer attorney serving clients in Los Angeles and throughout California
• HIGHEST QUALITY SERVICE. Ms. Simantob strives to provide the highest quality legal services to all clients
• STRATEGIC GUIDANCE.  Our Los Angeles unlawful detainer lawyers provide strategic guidance for the successful and expeditious resolution of ulawful detainer proceedings.
• COST EFFECTIVE.  Our legal fees are reasonably priced
• BROAD INDUSTRY KNOWLEDGE.  We have worked with the real estate industry for over three decades and have knowledge of its intricacies
• HIGHEST CLIENT SATISFACTION.  Reviews of our firm demonstrate the highest level of client satisfaction

When your company needs an experienced Los Angeles unlawful detainer attorney, count on the boutique full-service real estate law firm of Simantob Law Group for effective, cost-efficient and result-oriented representation. Contact us today at (310) 281-0041, complete our contact form, or reach us at info@business-attorney.com to schedule an appointment to discuss your lease dispute or unlawful detainer matter.

To learn more about our law firm’s unlawful detainer services and how our Los Angeles unlawful detainer lawyers can handle your unlawful detainer legal needs, please feel free to reach us at info@business-attorney.com

TO DISCUSS YOUR UNLAWFUL DETAINER MATTERS AND HOW WE MAY HELP YOU, PLEASE CONTACT OUR LOS ANGELES UNLAWFUL DETAINER ATTORNEYS AT (310) 281-0041, MESSAGE US ONLINE, OR EMAIL US AT INFO@BUSINESS-ATTORNEY.COM TODAY AND SCHEDULE A CONSULTATION.