What You Need to Know Before Evicting a Tenant in Los Angeles
Evicting a tenant in Los Angeles can be a difficult and confusing process3 min read
Evicting a tenant in Los Angeles can be a difficult and confusing process. Knowing the local laws as well as how to legally proceed is critical for property owners, landlords, and real estate investors. Fortunately, with the right profession legal counsel, evicting a tenant can be less stressful and more successful.
Whether you need general legal advice, assistance in evicting a tenant, or a freelancer legal team, UpCounsel offers professional legal advice from experienced lawyers who understand Los Angeles tenant-landlord regulations. Our attorneys specialize in small business needs and are highly rated by clients for their quality and cost efficiency.
This article discusses what you need to know before evicting a tenant in Los Angeles. It starts with the different types of evictions, examines the eviction process, and goes into detail regarding eviction laws.
Types of Evictions in Los Angeles
In Los Angeles, evictions can be of two general types: a landlord’s notice to enter, and an unlawful detainer lawsuit. Those cases related to non-payment of rent, the tenant has violated the rental agreement, the term of the agreement is up, or for another legal reason are considered landlord notices to enter. An unlawful detainer lawsuit is a case filed in the court system when the tenant was served a notice to enter but has not vacated the property.
Eviction Process for Los Angeles
The primary step in the eviction process is for the landlord to deliver a written notice to enter or “notice to quit” to the tenant. This can be either a three or thirty day notice depending on the reason for eviction and the specifics of the case. The notice signals to the tenant that they are in breach of the agreement and have a set number of days to either remedy the breach or vacate the property. If the tenant does not comply with the notice, then the landlord can file an unlawful detainer lawsuit.
Eviction Laws for Los Angeles
In Los Angeles, laws related to eviction depend on the reasons for the eviction and the type of rental agreement involved. It's important to understand the specifics of the case before taking any action.
In Los Angeles, eviction cases based on a tenant’s non-payment of rent are the most common. In such cases, the landlord is generally required to provide the tenant with a three-day "notice to pay or quit". This notice demands that the tenant either pay the rent in full in three business days or vacate the property. Furthermore, at the end of the three-day period, the landlord has the right to pursue a court action against the tenant and ultimately evict them.
When it comes to eviction cases based on other violations of the rental agreement, the landlord is usually required by law to provide the tenant with at least thirty days of notice to correct the violation or vacate the premises. The thirty-day requirement is in place to protect the tenant’s rights and to give them sufficient time to remedy the breach or vacate the property.
Wrapping up
Evicting a tenant in Los Angeles is a complex process which requires both knowledge of the specifics of the case as well as a deep understanding of the relevant laws. To ensure the eviction is successful, it is important to hire experienced and knowledgeable legal counsel, such as the lawyers provided by UpCounsel. Whether you need a one-time consult or an entire freelance legal team, UpCounsel can provide tailored solutions to help you navigate the often-confusing eviction process in Los Angeles.
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