661-636-6861

eviction Archives

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.

Patience and a lawyer can serve you well during an eviction

When you accept a new tenant, you do so with the expectation that he or she will respect all of the conditions of the lease. But unfortunately, every landlord will have to deal with difficult or even dangerous tenants from time to time. This comes with the territory, but you still must be prepared to respond when the situation arises.

Avoiding retaliatory behavior as a landlord

The relationship between a landlord and a tenant can be a difficult one. As a landlord, you try to treat your tenant with respect and takes care of their needs in a timely fashion. Unfortunately, disputes can arise and lead to tenuous situations between landlords and tenants. When this happens, it's important to tread carefully lest you find yourself accused of retaliatory behavior.

Patience and a lawyer can serve you well during an eviction

When you accept a new tenant, you do so with the expectation that he or she will respect all of the conditions of the lease. But unfortunately, every landlord will have to deal with difficult or even dangerous tenants from time to time. This comes with the territory, but you still must be prepared to respond when the situation arises.