Eviction & Unlawful Detainer

Unlawful Detainer Eviction

Los Angeles Eviction Attorney - Unlawful Detainer

An unlawful detainer is the process by which a commercial or residential landlord evicts a tenant for failure to pay rent, or failure to comply with a covenant in the lease. We have represented both commercial and residential landlords and tenants in eviction cases.

This area of the law, like so many others, requires extreme attention to detail to make sure that all procedural requirements are met.

Landlord/Tenant Eviction Lawyer

Notifying a tenant by law and serving them with court papers is not enough to legally evict them. We can help you at every step. Call our Los Angeles eviction attorney today to see what the eviction process involves.

We offer our clients counseling and representation throughout the unlawful detainer process. This includes, drafting 3-Day and 30-Day Notices, preparing unlawful detainer complaints and responses, getting the defendants served, requesting an immediate trial, obtaining judgments, obtaining writs of possession and then causing the Sheriff’s Department to serve a notice to vacate.

We have experienced lawyers representing landlords & tenants in Los Angeles, to provide you the most effective representation possible.

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What is and is not a valid reason for an eviction?

There is no short answer regarding valid and invalid reasons for an eviction. The simplest explanation is that a landlord can generally evict a tenant for failing to pay rent or violating a term in a lease. Typically, the landlord will have to give the tenant the opportunity to cure the default (non-payment of rent or violation of a lease term) but each case is different. The first step in any eviction action is always determining whether there is a valid legal basis for the eviction and the type of eviction notice required, if any. That said, Covid-19 protections, the California tenant protection act and local rent control complicate the analysis.
There are generally three basic categories for evictions:
First, there are evictions based the failure to pay rent. These are the most straightforward type of eviction as defenses are usually somewhat limited and focus on improper notice, improper rent increases and habitability issues for residential tenancies.
Second, there are evictions for violation of a covenant or term in a lease. These are more complicated because they involve proving that the tenant violated a term in the lease, did not cure it (to the extent it was a curable violation) and therefore they lost their rights to the lease.
Third, is no fault evictions. These are evictions where the tenant has not done anything wrong but landlord is seeking to regain possession for a legal reason. In California, the basis for no fault evictions keeps getting smaller and smaller

How quick can an eviction matter be finished?

Pre-covid a contested eviction would take about 30 days. Now we are seeing evictions take closer to 6 months. Evictions are supposed to be summary proceedings where the landlord has a right to a trial within 20 days of the time the defendant files their answer to the complaint.
Due to recent court delays, evictions are taking longer than the statue provides. For eviction matters, there is a statue that mandates that the matter proceed to trial within 20 days of the case being at issue. This rule, while still the rule, is not followed by most courts at this point in time. We expect courts will resume complying as soon as they are able to.

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How long will an eviction stay on my record?

If you are evicted there is no outside time frame on how long your eviction will stay on your record. It will show up as an eviction judgment.
To avoid this you can consider settling and having your record sealed. This will prevent the eviction from showing up on your record in connection with rental searches. Also, if you win, the judgment would still show but it will be in your favor—which may not be a bad thing.

Can I appeal my UD (unlawful detainer)?

Yes. If your case goes to trial you can appeal the outcome, but the appeal may not stay the eviction while the appeal is pending. This is an important thing to review, because if you are dispossessed of the property and the appeal takes a year to resolve you may not be interested in pursuing the appeal. You should pay particular attention on the time to file your appeal because depending on the classification of your case (limited or unlimited) that can effect the deadline for your appeal.

Also, just because you can appeal your case does not necessarily mean that your eviction will be stayed.  You will have to file a motion to stay the eviction pending the appeal.

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Can I seal my UD (unlawful detainer)?

Yes, and this is a good idea to do, but it requires the parties to all agree and the court to sign off on it. This typically only occurs with a settlement. Sealing the record is an important settlement term but not something you can force if you do not settle.

Need help with your unlawful detainer but cannot hire an attorney? Don’t worry, Schorr Law can still help! Our own Lead Eviction Attorney Los Angeles & Landlord Tenant Lawyer, Zachary Schorr, wrote a California Unlawful Detainer Guide titled, How to Defend Yourself in a California Unlawful Detainer. You can purchase the book through Amazon Kindle here.

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