BASIC OVERVIEW

CALIFORNIA RURAL LEGAL ASSISTANCE, Inc.

RONNETTE RAMOS · MOLLY STAFFORD

SACRAMENTO · APRIL 30, 2008

LANDLORD- TENANT LAW

OVERVIEW• General Overview of the Eviction Process

• Basic Notices to Terminate the Tenancy

• Review Unlawful Detainer Case* Summons/Complaint* Answer

• Default Process

• Sheriff Lock - Out

GENERAL OVERVIEW OF THE EVICTION PROCESS

WAYS TO TERMINATE A TENANCY• FAILURE TO PAY RENT

a. 3 Day Notice to Pay Rent or Quit

• TENANT IS IN VIOLATION OF ANY PROVISION OF THE LEASE OR AGREEMENT

a. 3 Day Notice to Perform Covenant or Quit aka 3 Day Notice to Cure or Quit

• TENANT MATERIALLY DAMAGES THE PROPERTY OR INTERFERED WITH OTHER TENANTS

a. 3 Day Notice to Quit (Waste or Nuisance)

• NOTICE TO QUITa. Ex: 3 / 30 / 60 / or 90 Day Notice to Quit

NOTICE TO PAY RENT OR QUIT 3 Day Notice to Pay Rent or Quit

1. 3 days begins on the first day after service of the noticea. If the 3rd day falls on a Saturday,

Sunday or legal holiday – the three-day period will not expire until the following Monday or non-holiday

2. Notice must accurately state amount of rent that is duea. Late charges is NOT rent unless

stated in written agreement

3. Notice must conform to CCP 1161(2) a. Must list the amount of rent due,

name, address and telephone number of the person to pay rent to

b. If payment made in person – the usual days and hours the person is available to receive the rent payment

NOTICE TO PERFORM (CURE) OR QUIT

Notice must be specific enough to allow Tenant to know what to do to cure the breach or lease violation

Los Angeles Rent Stabilization Ordinance (LARSO) requirements: Date of the alleged

circumstances; Names of witnesses; Place of alleged

circumstances and Specific circumstances

3 DAY NOTICE TO QUIT (FOR CAUSE)

• Landlord can serve the Tenant with a notice to vacate if the Landlord believes the Tenant is (a) committing “waste”(b) creating a nuisance on the

premises or (c) using it for an illegal purpose.

• Waste – i.e. destroying the property

• Nuisance – i.e. dumping garbage or seriously and repeatedly disturbing other Tenants or neighbors

• Illegal purpose – i.e. selling drugs on property

NOTICE TO QUIT (NO CAUSE)* 3 Day Notice to Quit

(a) Owner / Post foreclosure

* 30 Day Notice to Quit(a) Applicable if Tenant lived there for

less than 1 year(b) If property is subject to rent control,

then the notice must state a just cause or pay relocation fees

(c) Tenant / Post foreclosure

* 60 Day Notice to Quit(a) Applicable if Tenant lived there for

more than 1 year(b) If property is subject to rent control,

then the notice must state a just cause or pay relocation fees

* 90 Day Notice to Quit(a) Applicable to §8 Tenants (b) If §8 housing is subject to rent

control, then the notice must state a just cause

SUMMONS• Summons must be

served on the Tenant named on the Complaint by proper service

• Service requirements:– Anyone over 18 and

not party to the case(1)Personal(2)Substituted(3)Posting

UNLAWFUL DETAINER COMPLAINT

COMPLAINT• Complaint is filed by Landlord and served on the Tenant along with the

Summons

• CCP 1166 (a) The Complaint shall:(1) Be verified and include the name of the person verifying the complaint.(2) Set forth the facts on which the plaintiff seeks to recover.(3) Describe the premises with reasonable certainty.(4) State the amount of rent in default.(5) State specifically the method used to serve the defendant.

(c) (1) In an action regarding residential property, the plaintiff shall attach to the complaint the following:(A) A copy of the notice or notices of termination served on the defendant.(B) A copy of any written lease or rental agreement regarding the

premises. (2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a 5-day period in order to include the required attachments.

ANSWER TO UNLAWFUL DETAINER

ANSWER

• Allows the Tenant the opportunity to deny any statements in the Complaint or to allege new facts

• Tenant has 5 days to file a written response aka Answer from date of service– General Denial vs. Specific

• The Tenant cannot file a cross-complaint / cross-claim / or any counterclaim

REQUEST FOR ENTRY OF DEFAULT

DEFAULT PROCESS

• If Tenant does not respond to Landlord’s Complaint the Landlord may ask the court for a Default against the Tenant

• Tenant loses case without a trial and Landlord has legal right to remove the Tenant from the premises after Default Judgment has been entered

• Tenant may ask the Court for a Motion to Set Aside Default– Based on mistake, inadvertence, surprise, or excusable neglect

WRIT OF POSSESSION

WRIT OF POSSESSION

• Writ of Possession– UD Judgment is enforced by the Writ of Possession– After Tenant loses, the Landlord obtains the Writ of

Possession and serves on Tenant– Unless the Landlord did not elect to declare a forfeiture

of the agreement, then Tenant has 5 days to pay

• Tenant is Locked Out – 5 Day Notice to Vacate– Sheriff executes writ by serving 5-Day Notice to vacate

¿ QUESTIONS ?

THANK YOU

CALIFORNIA RURAL LEGAL ASSISTANCE, Inc.