A recent Los Angeles case reaffirms that a person who files a demand for a jury trial in an unlawful detainer (eviction) action is entitled to a trial by jury even if that person filed a fee waiver. Elva Silva’s landlord filed an unlawful detainer against her. Ms....
Sometimes a landlord will file and serve her tenant a complaint for forcible detainer instead of an unlawful detainer. What is the difference? Forcible detainers are usually filed and served when the landlord is alleging that the tenant has stayed in her apartment...
All residential leases in California have an implied warranty of habitability. But what can the tenant do if the implied warranty of habitability is breached by the landlord? A tenant can plead breach of the warranty of habitability as a defense to an unlawful...
Common law retaliation is any action taken by a landlord against a tenant that is not codified as retaliatory under California statutory law. For example, if a landlord serves the tenant with a three-day notice to quit within 180 days after the landlord has been...
There are two types of retaliation eviction. The first kind is known as statutory retaliation and the second is common law retaliation. The landlord has burden of proving the basis for the eviction, e. g., nuisance. What happens if the landlord’s alleged reason for...
You receive a three-day notice to quit or cure for nuisance. You believe you fixed the problem, but the landlord still has you served with legal papers. Should you hire a lawyer? And if so, why? The answer is you probably should, especially if your landlord has an...
