Real Estate Law Blog
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Your Eviction: Overview of Evidence
Your Eviction: Typical Defenses
If you are being evicted for unpaid rent, you have some defenses. These must be included in your Answer to the Complaint the landlord made against you. (See my blog post “Your Eviction: What Happens After You’ve Been Served with an Unlawful Detainer?”)
Your Eviction: If You Don’t Respond to Your Unlawful Detainer Lawsuit
In my last blog, “What Happens After You’ve Been Served with an Unlawful Detainer?” I wrote about the need to file an answer within five calendar days. This is a very short time frame to respond. What happens if you don’t respond within that time frame? The court will enter a default judgment in favor […]
Your Eviction: What Happens After You’ve Been Served with an Unlawful Detainer?
In order to evict a tenant, the landlord must file an unlawful detainer lawsuit in Superior Court. The legal papers notifying you of the lawsuit should be served in the three ways I discussed in my post “Your Eviction: Have You Been Properly Served?”
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 […]
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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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