Evictions can create a number of legal problems for landlords that could have significant financial implications as well. If proper procedures are not followed, landlords could be liable for monetary damages and incur fines and other penalties too. At Tucker | Pollard Attorneys at Law, our lawyers advise landlords and tenants in regard to their rights and obligations under the law. Our goal is to help you avoid breaking the law or failing to adhere to certain requirements that could result in additional legal complications. In each instance, our attorneys review and prepare all necessary paperwork involved, making sure our client's actions comply with municipal and state regulations and statutes. If additional evidence is needed in regard to the alleged actions of a landlord or tenant, our office will hire private investigators to gather information in support of our client's case.
The law regarding evictions and tenants' rights can be confusing and complicated. Avoid making costly mistakes.
Evictions - Understanding what Can and Cannot be Done
Tucker | Pollard Attorneys at Law counsels and represents clients in regard to the following issues associated with evictions:
- Ellis Act and condo conversions
- Notice to quit
- Unlawful detainer
- Landlord tenant disputes
- Rent control issues
- Allegations involving wrongful eviction
- Security deposit issues
Causes for Eviction - Avoiding Future Legal Complications and Fines
Too often, landlords make the mistake of acting without consulting an attorney or understanding what is legally allowable in evictions. For instance, in California there are only 14 just causes for eviction. Consequently, a landlord cannot change the locks, turn off utilities, or move a tenant's belongings out of an apartment if he or she fails to pay rent on time, plays the radio too loud, or leaves garbage in the hallway. Under California Civil Code Section 789.3, landlords who do these kinds of things are subject to a daily $100 fine, not to mention being subject to a civil action on the part of a tenant.
First and Second Notices - Understanding what's Involved
Many people want to know how long an eviction process takes. In most cases, tenants must be given a 3 day, 30 day, or 60 day eviction notice. While each case and cause is different, the cause and reason in each is important since a landlord who attempts to evict a tenant in a 3 day period for a non-correctable cause may be subject to civil action and fines. If a tenant is given proper notice and fails to move by the end of the eviction notice period, he or she must be given a second notice of unlawful detainer. If a tenant fails to respond to the second eviction notice in five days, he or she loses the right to a hearing and can be evicted much sooner.
Making Legally Sound Decisions
Our attorneys can assist you in understanding what procedures should be followed in order to avoid problems later. If you have questions regarding your rights and prerogatives in evictions, contact us today.