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eviction Archives

Woman receives eviction notice for altering property

The legal realities of being a landlord in California can be difficult to handle. Often, those who are trying to move forward with an eviction of a tenant who has violated the lease will be cast as the villain. However, landlords have certain rights if there was a violation and the tenant can be evicted if it is legally justified to do so. Of course, any landlord-tenant dispute must be based on the law. A landlord should have legal advice before pursuing an eviction.

Can my eviction case be settled through mediation?

When a California landlord is seeking an eviction of a tenant and the tenant gets the eviction notice, the concerns can be overwhelming. A dispute that has escalated to the point that the landlord and tenant are butting heads might be viewed as needing a judge or jury to settle it. However, there are times when mediation might be preferable. Even if the sides have a trial date, there is a chance that mediation can settle the matter to the satisfaction of all involved and avoid the need to go to court.

Does a tenant have rights if the residence is foreclosed upon?

Tenants are sometimes caught in the middle if the property is foreclosed upon in California. They might have a legal lease and the right to stay in the dwelling, but the situation is muddled because the landlord is facing foreclosure. People are frequently concerned about what to do in such a circumstance. This is a special situation when it comes to eviction and those who are confronted with it must be aware of their rights.

What responses might a tenant give to an unlawful detainer?

Landlords in Bakersfield and throughout California are often painted as the villain when they are well within their rights to remove a tenant from a property. This is an ingrained notion within society that the landlord who seeks an eviction is simply greedy and wants to treat a vulnerable tenant unfairly. This is not the case. The reality is that a landlord has numerous justifications to remove a tenant from a property. What is key to one of these cases is when there is an unlawful detainer filing and the tenant issues a response.

Understanding eviction and bankruptcy

Some might think that filing for bankruptcy is a method to protect themselves from being evicted. In some instances, this is the case. However, it is not always so. When there is an eviction threat from the property owner, a tenant who is considering bankruptcy must be aware of the consequences for such an action.

Understanding legal responsibilities of landlords in California

There are basic laws that landlords and tenants in Bakersfield and throughout California must adhere to. If there is a violation of any kind by either the landlord or the tenant, it can result in a problem and escalate to a lawsuit. Knowing the responsibilities of both based on the lease is the key to adhering to these requirements and settling any issue that arises between the parties.

What are the options to have a tenant quit a property?

California landlords need to be aware of the different ways in which a tenant can be legally compelled to leave the property. While there are five options when giving an eviction notice, there are three in which the tenant is simply being asked to leave or "quit" the property. Those that will not be discussed here provide alternatives for the tenant to remain. This post relates to the tenant moving out when asked to do so with no option to stay. There are three alternatives: a 3-day notice to quit; a 30-day or 60-day notice to quit; and a 90-day notice to quit.

How to proceed with an unlawful detainer case

Removing someone from your property can be a delicate affair. If you don't follow the proper procedures, you could be violating your tenant's rights, and you'll be the one in trouble. There are a variety of valid reasons to terminate your tenant's right to be on your property. It could be that they aren't paying the rent on time. They could be breaking the terms of the lease by having pets or unauthorized people on the premises. Or they might be conducting illegal activities on the property such as selling drugs.

What a landlord can and cannot legally do when evicting a tenant

Being a landlord in Bakersfield and throughout California can be difficult, particularly if the tenant is not living up to the lease agreement or is behaving in ways that make it necessary for them to be evicted. Understanding the law regarding when a tenant can be evicted and what the landlord is allowed and not allowed to do is one of the most important aspects of being a landlord. To make certain there are no violations when deciding on how to proceed, understanding the law is paramount.

How to proceed with an unlawful detainer case

Removing someone from your property can be a delicate affair. If you don't follow the proper procedures, you could be violating your tenant's rights, and you'll be the one in trouble. There are a variety of valid reasons to terminate your tenant's right to be on your property. It could be that they aren't paying the rent on time. They could be breaking the terms of the lease by having pets or unauthorized people on the premises. Or they might be conducting illegal activities on the property such as selling drugs.