FAQs on Eviction in Los Angeles: What You Need to Know
If you’re considering eviction in Los Angeles, you’re undoubtedly trying to figure out the whole process and the potential risks4 min read
If you’re considering eviction in Los Angeles, you’re undoubtedly trying to figure out the whole process and the potential risks. Even if you’ve gone through eviction proceedings in the past, California and Los Angeles laws are complex and ever-evolving; you should always have updated knowledge and legal care to make sure your rights as a tenant and property owner are protected. This article will provide a comprehensive overview of the eviction process in Los Angeles, the potential risks therein, and reliable resources you can access for further questions or legal help.
First of all, it’s important to know that the eviction process is unique to every situation, and ultimately is decided in court — there are no “standard” procedures, methods, or timeframes that are the same for every eviction. A landlord is installment by the state to provide a safe and livable space, and the tenant is contractually responsible for following the landlord’s instructions. When either the landlord or the tenant violates this agreement, California gives both parties the opportunity to take the matter to court for a resolution.
What reasons qualify as grounds for eviction in Los Angeles?
In California, a landlord can only evict a tenant with “just cause,” meaning the tenant has in some way violated the written tenancy agreement or the various state regulations governing the landlord-tenant relationship. The most common just causes for eviction in California include failure to pay rent, failure to comply with a material term of the rental agreement, engaging in illegal activities on the property, exceeding the guest policy and nuisance, and refusing to renew a lease after it expires.
What is the eviction process in Los Angeles?
The California eviction process follows the same standard as the rest of the United States. Once the situation qualifies as a “just cause” as described above, the landlord must serve the tenant with a written notice to comply or quit. This notice typically gives the tenant three days to either fix the violation or move out of the rental property.
If neither of these actions is taken within the three-day period, the landlord can then file a lawsuit with the local court. The tenant will then have to appear at the first court hearing to defend themselves. If the tenant fails to appear in court, they will lose the case and be ordered to pay damages. If they appear in court, the judge will decide if the eviction will move forward or not, based on several factors such as evidence and testimony from both parties.
If the tenant is truly in violation of the rental agreement and/or the law, the judge will probably side with the landlord and the tenant will be evicted. In this case, the tenant will be required to move out in a certain amount of time, which may be as little as 24 hours. If the tenant does not move out within the mandated timeframe, they can expect a legal sheriff to arrive with a writ of possession ordering the tenant to move out.
What are the risks to a landlord during the eviction process in Los Angeles?
There are several risks to the landlord during the eviction process in Los Angeles. The primary concern is that the tenant may choose to take legal action against the landlord in response to their eviction, usually in the form of a retaliatory eviction lawsuit. A retaliation lawsuit may be brought against the landlord if the tenant alleges they were evicted for exercising their rights as a tenant, such as performing a repair and deducting it from their rent payment, or filing an official complaint against the landlord with a governmental agency.
In addition, the landlord is at risk of legal action from the tenant if the eviction process isn’t followed correctly. If the landlord fails to serve the tenant with a proper notice and file the legal eviction paperwork with the court in a timely manner, the landlord can be held liable. Finally, the landlord runs the risk of getting innundated with legal fees if the tenant chooses to fight the eviction in court.
Where can I go for help with my eviction in Los Angeles?
The best thing for landlords to do when it comes to evictions is to seek legal help from an experienced attorney. An experienced eviction lawyer in Los Angeles will understand the landlord-tenant law in California and be able to provide sound legal advice to protect the landlord’s rights. The best place to find a reliable attorney is UpCounsel, which provides access to experienced attorneys who can answer any questions regarding an eviction in Los Angeles.
In summary, the eviction process in Los Angeles can be a tricky one to navigate. It’s important for both landlords and tenants to understand their rights and responsibilities before beginning the process, and if possible to seek legal help before the matter proceeds to court. With the right legal counsel and knowledge of California’s eviction laws, landlords and tenants can rest assured that their rights will be protected throughout the process.