Evictions

Eviction Services in California

Let us make the process of eviction less stressful for you. Rely on our eviction services in California, to take the best course of action for you. Landlord Legal Services has been offering complete eviction assistance for landlords and property owners since 1976. We have in-depth knowledge of the law and are always up to date with its many and frequent changes. When you require legal assistance in handling evictions, we are your best choice.

Pre-Eviction Advice

Before commencing the eviction process, one of our lawyers will review your issues and advise you on the best path to recover possession of your premises.

Notices

We will prepare and serve the appropriate notice once we have discussed your options with you. If you have served your own notice, one of our lawyers will review it to determine if it is legally sufficient, and, if it is, we will proceed with the case based on that notice.

Unlawful Detainers

We will prepare, file, and serve the necessary eviction lawsuit based upon the particular notice.

Court and Jury Trials

In the past, most trials were bench trials (judge or commissioner). Unfortunately, the recent majority of trials are jury trials. While frustrating and not welcome by landlords, the United States and California constitutions require such a trial if requested, even if one side does not agree. This involves a major expense as well as a substantial delay in bringing the matter to trial.

Pre-Judgment and Arrieta Claims

This is a legal procedure recognized by our office to prevent an unknown person from coming forward at the last minute to try to delay the eviction by claiming that they are a legal tenant of the premises. This is also called an “Arrieta” claim.

Bankruptcy Relief

Your tenant may try to delay the eviction process by filing a Petition for Bankruptcy. Under Federal Law, all civil processes must stop immediately upon the filing of the petition. Neither the sheriff nor you may take any steps to continue the eviction process without first obtaining permission from the US Bankruptcy Court, except under very limited circumstances. We are experienced in obtaining the necessary permission from the US Bankruptcy Court, granting us the right to proceed with our eviction remedies to recover possession of your premises for you.

Lockout Assistance

If you are unable or unwilling to meet the sheriff at the time designated for the lockout, we can arrange to have someone do this for you. We can also hire a locksmith should you require it. These services will incur additional fees.

Judgment Collection

We have a full-time collection office available if you choose to pursue your former tenants for the amount of any money judgment obtained against them. This is generally done on a percentage basis.

Rent Control

Los Angeles County and many cities, including but not limited to, West Hollywood, Santa Monica, Berkeley and Inglewood, have ordinances that restrict both the right of the landlord to increase rents and the circumstances under which a landlord may evict a tenant. These same ordinances may also require that the landlord register each rental unit before renting it to a tenant. The need for registration is in addition to any business license requirement imposed by the same city. In addition, some cities have restrictions on the reasons for evictions.

Ellis Act

This California State law gives you the right to go out of the landlord business if you determine that it is the right thing for you to do. There multiple are restrictions and limitations, so you need to speak with an attorney for proper legal advice.

Mobile Homes and Trailer Parks

These units are unique. Although the legal procedures are the same once an unlawful detainer is filed, the notice requirements are very different. Be sure to consult our office before attempting any action on your own.

Housing Authority (Section 8)

The legal procedures are the same as for a typical eviction action, but there are different requirements for preparing and serving notices. Our office can advise you about these Housing Authority cases.

Foreclosures

A tenant of the former trustor (owner) of the premises is entitled to a different (and much longer) notice than the former trustor.

Security Deposits

We can advise you about accepting security deposits (never call it a “last month’s rent”) and handling its disposition when your tenant leaves (voluntarily or otherwise).

Abandoned Personal Property

After your tenant vacates (or is evicted), some personal property (furniture, clothes, etc.) may remain on your premises. You may not dispose of this personal property without following certain legal steps. We can provide step-by-step procedures to guide you through this process.