Evictions

Kelly Chang Rickert, Esq. has a California Real Estate Broker’s license, and is an avid real estate investor. She is also a landlord, and is intimately familiar with Los Angeles rent control laws. Ms. Chang only represents landlords in eviction proceedings.

The Eviction Process

Below is a summary overview of the typical eviction process. Please note the information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Further, any email sent via the Internet to Kelly Chang &
Associates using the email addresses listed in this web site would not be confidential and would not create an attorney-client relationship.

Notice

First, you must give tenant notice of eviction. Please note that in preparing and serving the notice you must be technically perfect. If you fail to comply with ALL of the requirements, your case will be dismissed and you will have to start over from the beginning.

Types of Notices

There are several types of notices. This article discusses the common ones, and provides samples.

3 – Day Notice to Pay Rent or Quit (Click for Sample)

This is the notice you use when the tenant is behind in the rent. This can include either failing to pay the entire rent for a rental period, or making only a partial payment.

30 – Day Notice (Click for Sample)

This is the notice you use to terminate a month-to-month tenancy, for a tenant who resided there for less than one year. You are not required to state a reason for your decision to give the tenant to terminate the tenancy. Please note that once the notice is given, you cannot accept any further rent payments after the date give on the notice expires. If you accept payment, the notice will be considered waived and void.

3-Day Notice to Cure Breach of Covenant or Quit (Click for Sample)

This type of Notice is used when the Tenant has breached some material term of the rental agreement other than non payment of rent, i.e., No Pets clause, subletting without Landlord’s consent, or not paying late fees. The Notice essentially gives the Tenant 3 full days to correct the violation or move out of the Premises. Tenants will normally contest Notices of this type in court so it is essential that the Landlord have witnesses, photographs and other evidence to prove to the court that the breach did in fact occur. In a situation where there is a pet or constant late payment, it is better to simply serve a 30 Day Notice to terminate the tenancy (if it is month to month) so that the Tenant has additional time to vacate. A 30 Day Notice reduces the chances that the case will be contested at court since most Tenants cannot vacate the Premises in 3 days.

3-Day Notice to Quit for Committing a Legal Nuisance (Click for Sample)

This Notice is similar to the previous Notice but is used when the Tenant is engaging in criminal activity or other acts which are harmful to other occupants of the property, thereby constituting a legal nuisance. Such acts include illegal drug activity, prostitution, and in some cases gang activity. Code of Civil Procedure, Section 1161 provides the legal basis whereby a Landlord can serve a 3 Day Notice to Quit on a Tenant who “…illegally sells a controlled substance upon the Premises or uses the Premises to further that purpose…” Again, the Landlord is advised to have independent witnesses (other Tenants who observed the illegal activities), police officer testimony and other evidence to sustain the Landlord’s burden of proof should the Tenant contest the matter at trial. It is best to have an attorney prepare this type of Notice.

Serving the Notice

Notices may be served in one of the three ways listed below:

1. Personal Service. Of the three methods, this is the best method of service. It simply means that each occupant of the premises is handed a copy of the notice.
2. Substitute Service. This service is accomplished by leaving a copy of the notice with an individual of suitable age and discretion. To complete service another copy of the notice and proof of service is mailed to the occupants of the premises on the same day via first class mail.
3. Post & Mail. This type of service is completed by posting the notice on the front door of the premises and another copy of the notice is mailed to the occupants of the premises the same day via first class mail.

Filing the Summons and Complaint

When the notice period has expired, and the tenant has not taken action, you may now commence an Unlawful Detainer lawsuit. Unlawful Detainers are Summary proceedings, which means they are processed in an expedited manner. If everything is properly prepared, relief should be granted in a relatively short period of time.

Service of the Pre-judgment Claim of Right to Possession

The landlord should be aware of the possibility of an Arrietta claim. This is when the authorities commence a lockout, and a third party comes forward with a Claim of Right to Possession form, claiming they were an occupant of the property but was not named in the unlawful detainer complaint. In this situation, the authorities must stop the lockout procedure until a court hears the occupant’s allegations at a hearing. The name of this claim is derived from the case of Arrieta v. Mahon, and is now codified in California’s Code of Civil Procedure section 1174.3. There, the California Supreme Court held that before any person maybe forcibly evicted by the levying officer, they must have an opportunity to be heard.

The only way to prevent an unknown occupant from asserting an Arrietta claim just before the lock-out phase, is to serve a Pre-judgment Claim of Right to Possession with the Summons and Complaint. Service of this form puts any and all unnamed occupants living in the residence on notice that, unless they identify themselves to the landlord, they may be evicted along with the other tenants.

We automatically serve a Pre-judgment Claim of Right to Possession along with the Summons and Complaint. We strongly feel that the advantages at the lock-out stage outweighs the delay caused by the 5 additional days that an unknown occupant has to respond.

If you have any further questions or need additional information about Evictions or other services, please do not hesitate to email office@purposedrivenlawyers.com or call (626) 765-5767.