Whether a renter has defaulted on rent, are in breach of contract, or otherwise; Eviction procedures can be a daunting and confusing subject.
There are several steps to expect when going forward with an eviction. The Unlawful Detainer process in Los Angeles greatly depends on court work load.
Termination Notice: “Three days to pay or Quit” must be served correctly.
“Unlawful Detainer” – complaint is prepared and filed with the Court. A Copy of the complaint must be served on tenant. Tenants have 5 days to file and serve an answer to the complaint.
Default: Tenant does not file and serve an answer, their default may be entered and judgment may be obtained either by way of short uncontested trial or by way of a declaration.
The most common defense to an unlawful detainer action based upon failure to pay rent is that the premises lack the minimal standards of habitability. The classic defects are lack of heat, plumbing problems, missing screens, leaking roof, non-functional appliances and electrical outlets and infestations. Additionally, anything cited in a health department notice can constitute a habitability defect. If you do not maintain the premises, the tenant may not have to pay the rent.
Contested: a trial must be set. (Tenant has the right to ask for a Jury trial).
The most common defense to an unlawful detainer action based upon failure to pay rent is that the premises lack the minimal standards of habitability. The classic defects are lack of heat, plumbing problems, missing screens, leaking roof, non-functional appliances and electrical outlets and infestations. Additionally, anything cited in a health department notice can constitute a habitability defect. If you do not maintain the premises, the tenant may not have to pay the rent.
to be continued…