Real Estate Law Blog
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Your Eviction: Have You Been Properly Served?
An eviction is an unlawful detainer lawsuit. As with any lawsuit, the court requires you have proper notification that legal action is being taken against you. This gives you the opportunity to respond and protect yourself. In an unlawful detainer lawsuit, you are protecting your tenant rights.
What Must a Landlord Do to Evict a Tenant for Unpaid Rent?
Your landlord serves you with a 3-day notice because you have not paid the rent. For some reason, you forgot to pay the rent, you can’t pay the rent, or you believe that the rent should be withheld. You haven’t contacted the landlord or the landlord’s agent to explain the situation and come to an […]
Why Is Your Eviction Notice a 3-Day Notice?
If your landlord wants to end your month-to-month tenancy, he can serve you with a 30-day or 60-day notice. Some tenants, however, get served with a 3-day eviction notice. After the 3-day notice has expired, the landlord can then file an unlawful detainer in order to evict you in Superior Court. When does the law allow a landlord to serve this eviction notice with such a short time frame?
What Happens in the Eviction Process?
A client told me that she was being evicted. Legally, she was incorrect. She had only received a notice of termination. The landlord has many more steps to take before a tenant is legally evicted.
When Can a Landlord Enter Your Apartment?
The law grants you exclusive possession of your home throughout the term of your lease. That means that your landlord does not have unrestricted access to your home. Nevertheless, some reasonable access to your apartment is necessary to maintain the landlord’s ownership rights for the time after you move out into the apartment. Reasonable access […]
What Should You Bring to Your First Meeting with Your Tenant Attorney?
You have a dispute with your landlord about housing code violations in your home. You speak to him about it, and then, when he doesn’t respond, you are frustrated. You write him a letter about the matter, and still it is not resolved. You are upset, and now you’ve made an appointment with a lawyer who concentrates in tenant rights.
What happens before your trial for unlawful detainer (eviction)?
You are served with a Three-Day Notice to Pay Rent or Quit. You fail pay the rent within the three days stated on the notice. Then you are served with legal papers-a summon and complaint and other papers commanding to file a response within five calendar (not business) days. You file a response. What happens next?
What happens during your trial for unlawful detainer (eviction)?
In a typical trial for unlawful detainer, the landlord must establish the elements of her case. These elements include the existence of the landlord-tenant relationship, termination of the relationship, i.e., by properly serving a Three-Day Notice to the tenant, and the tenant being in possession of the premises after the notice expired.
Why you might consider a lis pendens during litigation
Lis pendens is Latin for “suit pending.” A lis pendens is a notice in the recorder’s office that is placed on the title of a house or piece of land. Recording a lis pendens gives potential buyers constructive notice that litigation involving the real property is underway. Until litigation is concluded or the lis pendens is removed, title to the property is “clouded.” As courts have noted, a lis pendens has the potential “to pour sand into the smooth gears of a real estate transaction.”
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Mary Catherine Wiederhold
Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109
(415) 533-0735
(415) 843-0496Our offices are conveniently accessible to public transportation.
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