Eviction is a legally complex process, especially when you factor in local regulations. Landlords in the Los Angeles area are tasked with understanding the latest regulations relating to tenant rights, the eviction process, and the available remedies. It is the landlord’s responsibility to be aware of their legal rights and obligations.

In this article, we’ll provide you with five key considerations for eviction in Los Angeles. Whether you’re a landlord in the process of evicting a tenant or a tenant in the midst of an eviction, knowledge about your rights and obligations is the first step towards a successful resolution.

1. Compliance With Statutory Notice Requirements

Prior to filing a lawsuit for eviction, California landlords must provide proper written notice to the tenant. Depending on the reason for eviction –such as failure to timely pay the rent – the type of notice required for the tenant may vary. Generally, the landlord must either provide a 30-day, 60-day or 90-day notice of termination. Each form of notice must precise why it’s being issued, including the provisions of the rental agreement or lease that are not being followed by the tenant.

2. Recouping Costs and Damages

In some instances, landlords may be able to recoup certain costs or damages related to the eviction of a tenant. These recouped costs may include the landlord’s attorney’s fees as well as damages due to breach of a rental agreement, such as a tenant’s failure to pay rent on time. A landlord may even be able to recoup certain costs associated with repairing or restoring rental property.

3. Nonpayment Versus Other Grounds for Eviction

Although nonpayment is the most common basis for an eviction lawsuit, there are many other grounds that permit a landlord to evict a tenant. For example, a tenant’s rental agreement may be periodically renewed or extended, and tenants may be required to vacate if they fail to agree to the renewal or extension. Moreover, a landlord may be eligible to evict a tenant if the tenant is insistently and unreasonably disruptive to the peace, health and safety of other tenants or engages in criminal activity on the rental property.

4. Traditional Versus Non-Traditional Rental Agreements

In Los Angeles, certain standard housing rules applicable to traditional landlord-tenant arrangements do not apply to non-traditional forms of renting a residential property. For example, Airbnb hosts and individuals who rent out rooms on a short term basis may not be subject to the same eviction regulations as traditional landlords. Furthermore, so-called “co-living” arrangements, in which individuals share a house or an apartment under a single lease, may also require unique enforcement and evictions.

5. Preservation of Tenant Rights

Tenants living in Los Angeles are afforded certain legal protections from being wrongfully evicted. For instance, landlords are not permitted to discriminate against tenants on the basis of race, gender, sexual orientation or religion. In addition, landlords may not attempt to evict a tenant without authorization from a court or attempt to remove a tenant without a written court order. Moreover, landlords may not remove a tenant’s personal property from the rental property or disrupt utilities in an attempt to force a tenant to vacate.

Regardless of which side of an eviction lawsuit you’re on, understanding the interplay between landlord, tenant and court is of utmost importance. Utilizing an experienced attorney placed licensed to practice in California can help guide you through the eviction process.

Topics:

Eviction,

Los Angeles,

Statutory Notice