Before the Court Hearing

September 30, 2013

The parties to an unlawful detainer lawsuit have the right to a jury trial, and either party can request one. After you have filed your answer to the landlord’s complaint, usually the landlord will file a document called a Memorandum to Set Case for Trial (officially called a “Request/Counter-Request to Set Case for Trial” form […]

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Genetic Information Discrimination

September 18, 2013

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment […]

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Military and Unnamed Occupants

September 4, 2013

Special Rules for Tenants in the Military: A servicemember may be entitled to a stay (delay) of an eviction action for 90 days. This rule applies to the servicemember and his or her dependents (such as a spouse or child) in a residential rental unit with rent of $2,400 per month or less, as adjusted […]

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Discovery in Unlawful Detainer Cases

September 4, 2013

Each of the four available discovery procedures requires a minimum of five days’ notice to the landlord before the landlord is required to respond. Available discovery procedures in unlawful detainer actions include oral depositions, written interrogatories, inspection, copying, testing, or sampling of the landlord’s records, things, electronically stored information and places, and requests for admissions. […]

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Tenant Eviction Notice without Cause

August 9, 2013

In some situations, your landlord may ask you to vacate the property even if you have paid all your rent on time and have not behaved in a way that would allow an eviction for cause. Eviction law allows landlords to still ask you to move out, but you must be afforded some extra protections. […]

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Tenant Eviction: What You Should Know as a Renter Part 2 of 3

July 22, 2013

Tenant Eviction Notice for Cause There are, in general, three different types of eviction notices that you may receive if you have violated some part of your lease agreement or rental contract. First, there is the “Pay Rent or Quit” notice. This is basically what it sounds like. Your landlord will typically give you a […]

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Tenant Requirements [Responding to a Landlord Complaint Part 1 of 2]

July 15, 2013

Responding to the complaint, as a tenant, if you are served with a Summons — Unlawful Detainer (Form 982(a)(11)) and complaint concerning an eviction, you must respond to the summons. You may use Judicial Council Form 982.1(95), Answer — Unlawful Detainer, to respond and must file the answer form with the local court that issued […]

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Tenant Eviction: What You Should Know as a Renter

July 15, 2013

You should know that, under eviction law, your landlord cannot simply kick you out of your apartment or other space that you’re renting, even if you are behind on rent. In almost all situations, a landlord must obtain a court judgment before evicting a tenant. In order to evict you from your rental lease, your […]

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July 9, 2013

Nuisance or Illegal Use A landlord may serve a 3-day notice to quit on a tenant who is permitting a nuisance (including the sale of illegal substances or unlawful sale or possession of illegal weapons) on the premises, or who uses the premises for any illegal purpose. See CCP §1161(4). This is considered an incurable […]

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PROPER SERVICE OF NOTICES

July 1, 2013

A landlord’s three-day, 30-day, or 60-day notice to a tenant must be “served” properly to be legally effective. The terms “serve” and “service” refer to procedures required by the law. These procedures are designed to increase the likelihood that the person to whom notice is given actually receives the notice. A landlord can serve a […]

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