Landlord Tenant & Business Law
The Pandemic and enactment of the Tenant Protection Act has significantly changed California's rental business. Use this site to get answers or help for your situation.
Many tenants believe that UD law is based on what is “fair”. Often tenants think that the Judge’s ruling may be swayed by an emotional argument or situation. The truth is UD law is very mechanical, and fairly predictable—and favors Landlords.
Compared to most civil lawsuits, UD lawsuits move through court system faster than any other type of Civil case. This process is geared to get possession of real property back to the Landlord.
Whether you are a Tenant or a Landlord, you can take much of the stress out of any Unlawful Detainer process by learning what to expect. We help by explaining the process and walking you through your options.
Use the free information resources on this site to gain an understanding of the UD Process. While we are not providing legal advice on this site, you may find answers to help you navigate the UD process. For legal advice on your situation you will need to contact us.
Unlawful Detainer laws have become more convoluted over the last couple of years due to the Tenant Protection Act, and Covid-19 Moratoriums. A UD lawyer can help you navigate the process and help ensure success in court-- as opposed to starting over again with notice.
Well, this depends on your individual situation. You must give the tenant notice. There are several different time periods from 3 to 90 days. After the notice has run, then you must file a UD lawsuit if the Tenant has not vacated. This timeline for this phase can range anywhere from 7 - 35 days.
Typically a Notice to Quit, or Terminate is not filed with the court unless you fail to vacate. If you vacate the property before the notice expirers then there is no need for a UD lawsuit. When you fail to vacate then the Notice will become part of the lawsuit against you.
No. A renter has one duty-- to pay rent. Granted, it has been more difficult given the moratoriums that are still in effect in some locations. However, Tenants have an obligation to pay for the right to occupy the property.
On my first appointment with Bryan Williams in his office discussing my case for Unlawful detainer I felt assured that he could evict my tenant. I had tried for about 1 year and was unable to get him to move. Bryan did what he said he would do and in a timely manner including serving the notice and filing with the courthouse.
John P. Espinoza,
Real Estate Broker
We hired Bryan when things went truly south and unexpected with some tenants we had for years. As hurtful and shocking as it got, we had Bryan to guide us and make certain we stayed within our rights, and the law, so there were no surprises. He really took us under his wing and was about a 'real' as you could get. Bryan is a good person who truly cares and gave us the best advise and service. We never once doubted his sincerity nor his expertise. We are grateful that we found him.
June
Landlord
Bryan Williams came to my rescue after my husband passed away and I became executor of the estate. I had no idea what to do. Bryan held my hand throughout the entire process, telling me what was happening at each step and apprising me of progress. He explained things in a way that was easy for me to understand. He was always accessible to answer questions. His fees were very fair too. I heartily recommend him!
Alesa
Author