It’s good to own property and collect rent. However, being a landlord is a challenge . Tenants can be difficult. Issues run the gamut from complaints about maintenance to flat-out non-payment of rent. If you’re lucky, you can resolve things on a personal level and all’s well that ends well. But what happens when no amount of reasoning and good faith works? Know that as a landlord you have rights and legal options under California law.
Basic Landlord Rights
- Rent Collection
- Enter Property (with notice)
- Make repairs, alterations, and clean
- Evict Tenants (for failure to pay rent and/or comply with lease agreements)
In California, it can sometimes feel like all laws protect tenants.
- Since rent cannot be collected, you are losing money daily
- The utilities must remain on when they are in the landlord’s name
- Why does the eviction process take so long?
- Why can’t I just call the police and get them out?
Just so you know, while the eviction process can be frustrating, the reality is 80 to 100% of landlords prevail in court.
Did you know?
- Based on the lease agreement and local laws, your tenant may be responsible for paying your court filing fees, attorney fees, unpaid rent, and/or damages and penalties. It is wise to consult an attorney to see whether your lease stipulates the recouping of court costs and unpaid rent. It also falls upon the tenant to disprove a landlord’s eviction claim.
Hire an Eviction Attorney
All things considered, courts generally recognize the landlord’s investment in their property and seek to protect it. Barring some extreme circumstances, the courts tend to side with the landlord. It is important, however, that the eviction process meets all legal criteria. A good eviction attorney who is familiar with the process will ensure everything is done on time and according to California law.
What Eviction Attorneys Do
Aside from suggesting alternatives, an Eviction Attorney will:
- File all notices of eviction
- Follow all timing rules:
- Pay or Quit notices require a 3-day waiting period
- 30-day tenant grace period after filing eviction notification
- File unlawful detainer action
- Unlawful detainer complaint
- Civil Case Cover Sheet
- Prejudgment Claim of Right of Possession
- Represent you in court
The Law Offices of Eric J. Proos are experts in the protection of landlords’ rights. If you live in West Hollywood, Beverly Hills, Hollywood, Santa Monica, Westwood and surrounding CA communities and are experiencing difficulties with tenants, we’re here to help. (213) 784-3640.
All information provided in this article is for educational purposes only, and does not constitute legal advice. Each situation is dependent on the specific facts and must be evaluated on a case-by-case basis.