EVICTIONS

Pre-Eviction Advice

Our attorney will review your documents and determine the best path to recover possession of your premises, before commencing the eviction process.

Notices

We will prepare and serve the appropriate Notice, after discussing your options with you. If you served your own Notice, we 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 Detainer(s)

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

Court and Jury Trials

While the majority of trials are court trials (Judge/Commissioner), in more and more cases, the tenants (usually through an attorney) are demanding a trial by jury. While frustrating, and not welcome by landlords, the U.S. 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 bring-ing the matter to trial.

Pre-Judgment and Arrieta Claims

This is a legal procedure followed by our office which prevents an unknown person from coming forward at the last minute to try to delay the eviction, by claiming that he (or she) is a legal tenant of the premises. Also called an "Arrieta" claim.

Bankruptcy Relief

Your tenant may try to delay the eviction process by filing a Petition in Bankruptcy. Although the most common type is a Chapter 7, your tenant may also file petitions under other chapters, including Chapter 13 or Chapter 11. Under Federal Law, all civil process must stop immediately upon the filing of the Petition. Neither the Sheriff nor you may take any steps to continue with the eviction process without first obtaining permission from the U. S. Bankruptcy Court, except under very limited circumstances. We are experienced in obtaining the necessary permission from the U.S. 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 for you if you so request. These services will require 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

Many cities, including, but not limited to, Los Angeles, West Hollywood, Santa Monica and Berkeley, have ordinances which restrict both the right of the landlord to increase rents and the circumstances under which a landlord may evict a tenant. These same ordinances generally also require that the landlord must 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. Of course, there are restrictions and limitations (aren't there always?), 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 one of these on your own!

Housing Authority

The legal procedures are the same as for a typical eviction action, but, again, 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 is the former trustor. We regularly serve these different notices for our clients.

Security Deposits

We can advise you about accepting security deposits (never call it a "last month's rent") and about how to handle 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 in your premises. You may not dispose of this personal property without following certain legal steps. We can provide a step-by-step procedure for you to guide you through this process.