All residential leases in California have an implied warranty of habitability. This means that the landlord must do necessary maintenance to the apartment throughout the period of the lease and ensure it is “tenantable.” Before 1974, tenants were viewed as acquiring a...
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...
After an unlawful detainer trial where the jury renders a verdict for the landlord, the tenant has still some options to retain possession of her home. The jury verdict must be entered on a form as a judgement against the tenant and for the landlord. The judgement is...