Landlord Defense

Anaheim eviction attorneyBeing a landlord in California can be challenging. Many state statutes are designed to protect tenants, often at the expense of landlord rights. Our Santa Ana eviction law firm, however, has a deep understanding of the unique needs of landlords and provides quality legal representation in all matters pertaining to tenant/landlord disputes.

Our Commitment to You
We provide clients with strong legal advocacy and keep them abreast of updates during their case. We have extensive experience in tenant disputes. When you first meet with a Santa Ana eviction lawyer, he will ask you detailed questions about the case. This is necessary in order to ascertain just how to proceed with defending you.

Our Services
We can take on challenging cases, and are not afraid to litigate when necessary on your behalf. That said, we will work to resolve the dispute without a court battle, if possible. A Santa Ana eviction lawyer can assist you with many different types of issues.

Appeals

If you lose a case we will help you to appeal. In some cases you may be able to get the decision overturned. If nothing else, there is a chance that it will be modified.
Evictions
Whether the eviction is due to nonpayment of rent or persistent violation of rules, we will take you through the process to reach the best possible conclusion.
Administrative Hearings
If the tenant has taken his case to a state or federal agency such as the Department of Fair Employment and Housing, Housing and Urban Development or the Los Angeles Housing Department, we will represent you.
Litigation
If a tenant sues you for an alleged code, lease or rental violation, we will represent your interests. We understand the process and know how to convince the court of the validity of your claim.
Compliance Matters
We will also assist landlords in issues for which no dispute has arisen; this includes reviewing your landlord/tenant agreement and leases to ensure that you are in compliance with California laws.

Call our Law Firm for Assistance Today
If you are embroiled in a dispute with a tenant, or need help with a legal matter pertaining to lease agreements, a Santa Ana eviction lawyer with our firm will be glad to assist you. Call Schiff & Shelton, Attorneys at Law, at 949-417-2211.

Habitability Concerns and Eviction

Orange County eviction attorneyHabitability refers to a real property’s fitness for human occupancy. California law holds landlords responsible for making sure that a rented property is maintained to a certain standard. If the landlord fails to do so, he faces fines and may have difficulty evicting a tenant. An Orange County eviction attorney can help you if a question of habitability arises in a rental property you own.

Warranty of Habitability
California Civil Code 1941, 1941.1 defines habitability standards in rental housing. As a landlord, you are weighted with a warranty of habitability, which means that you are legally required to maintain the property to a level that is safe and sanitary. Tenants also have a responsibility in keeping the property clean, but the acid test is whether the issue at hand is something a tenant would normally have control over. For instance, if filthy dishes are piled through the house, this is an unsanitary condition caused by the tenant. As an Orange County eviction attorney will tell you, however, you may still need to fix any resultant problems, such as the presence of rats.

Some conditions which would be deemed to cause a rental property to be considered uninhabitable are:

• Leaking roof
• Lack of operable smoke detectors
• Black mold
• Presence of rodents, roaches, etc.
• Non-working toilet, shower, or sinks
• Broken plumbing
• Inoperable heating
• Lack of hot water
• Unsanitary conditions
• Lack of gas supply
• Electrical problems
• Doors and windows that will not lock
• Broken stairs

Note that the above are but a few of the many conditions that landlords are required to maintain.

Habitability and Eviction
A tenant can use habitability issues as a defense against being evicted. Once the tenant files with the court that the rental is uninhabitable the landlord will have little ability to remove him through eviction.

An Orange County Eviction Law Firm Can Help
If you are a landlord/owner of rental property, it is important that you work with an Orange County eviction attorney should an issue arise about habitability. Call Schiff & Shelton, Attorneys at Law, today at (949) 417-2211.

Recovery Property Unlawfully Held By Another

 

Orange County eviction attorneyIf you feel another has possession of your property and you’d like to get it back, don’t take the law into your own hands. Contact an Orange County eviction attorney about your best legal options.

Pre-Judgment Possession
There are a variety of circumstances in which a property owner may need to recover possession of personal or real property from another. Sometimes, vehicles or other tangible items may be borrowed and not returned. You may have cosigned a loan with personal property as collateral, and the other party now refuses to make payments. When a property owner can prove to the court that he or she has a valid claim over the property, the judge may grant a Writ of Possession (Replevin) ordering its return which law enforcement can then serve.

Post-Judgment Possession
If you’ve won a judgment against another in civil court and seek to have property returned, your Orange County eviction attorney can walk you through the process. In an eviction, the order of possession will be served on the tenant after final judgment in the event he or she refuses to move. Options are also available to force a sale of personal property in order to satisfy a money judgment.

It’s important to follow the law rather than trying to recover property through self-help methods. Let a qualified attorney help you understand how to proceed.

Trust your case to an experienced Orange County eviction law firm. To schedule an appointment with the offices of Schiff & Shelton, Attorneys at Law, call (949) 417-2211.

Handling Tenant Conflicts

Orange County eviction attorneyAs a landlord, from time to time it’s common to have issues with tenants. Noise complaints, non-payment of rent and other suspected lease violations can happen. When they do, discuss your case with an experienced Anaheim eviction lawyer.

Lease Violations and Non-Payment of Rent

The best defense is a good offense as the saying goes. Therefore, it’s a good idea to consult with an Anaheim eviction law firm as you prepare a lease for potential tenants. Your attorney can help ensure that the terms of your lease are properly spelled out. If a tenant violates a lease term, verbal warnings can only go so far. In order to preserve the opportunity to start an eviction, the law requires a specific, written notice be given to the tenant. That notice will give the tenant a certain number of days to “cure” or remove the lease violation or pay the rent. If they fail to do so, only then can the landlord take them to court on an eviction.

Going to Court

If your tenant does not respond to the properly served and filed eviction complaint, the landlord may be able to secure a judgment against them by default. If the tenant answers and disputes the allegations in the eviction complaint, it will be up to the judge to determine the outcome. A trial will likely be scheduled.

Trust your case to an experienced, aggressive Anaheim eviction lawyer. To make an appointment for an initial consultation with Schiff & Shelton, Attorneys at Law, call (949) 417-2211.

Understanding Basic Tenant Rights in California

Santa Ana eviction attorney Tenants often have questions about their rights when it comes to the terms and conditions of their lease as well as what happens during an eviction. A Santa Ana eviction attorney can fully advise about the particulars of specific case, but here are some general guidelines.

Laws That Protect Tenants During the Leasing Process
As a Santa Ana eviction attorney can explain, state and federal law prohibits discrimination in housing. Generally speaking, a landlord cannot discriminate a prospective tenant based on race, gender, nationality, religion, etc. This protection also applies to conditions during the lease. Your attorney can explain other laws that apply to rental and security deposit amounts as well as truth in renting.

A Tenant’s Rights in the Eviction Process
If a tenant violates a term of the lease or fails to pay rent, this will subject him or her to an eviction action by the landlord. However, the landlord must follow statutory procedures. For example, a tenant has a right to written notification of the lease violation or the amount of rent past due. He/she is then given a set period of days to cure the problem before the landlord can actually take them to court. Landlords are not allowed to engage in self-help evictions. They may not evict a tenant by verbally telling them to leave or by changing the locks without following proscribed written procedures. If you receive notice of an eviction, contact an attorney as soon as possible to discuss your options.

For more information, set up an consultation with a seasoned Santa Ana eviction lawyer at the offices of Schiff & Shelton, Attorneys at Law. Call 949) 417-2211 for

Things to Know About California Eviction Law

Orange County eviction attorney Whether you’re a landlord or tenant, it’s important to understand California’s eviction laws. When a landlord wishes to evict a tenant, he must begin an unlawful detainer action. An Orange County eviction attorney can advise on how to proceed.

Eviction Notice Requirements
To lawfully evict a tenant, a landlord must follow statutory notice requirements. As an Orange County eviction lawyer can explain, the landlord must complete a specific form to correlate with the type of eviction he seeks. For example, if a tenant fails to pay rent, then a landlord has the option of filling out a 3-day notice to quit. This gives the tenant the chance to bring the rent up to date. If the tenant fails to do this within the 3-day period, the landlord may then file a complaint and take the tenant to court. In California, landlords are not permitted to engage in “self-help” evictions by simply changing locks or putting property on the curb without following the required legal steps.

The Tenant’s Obligation
If a tenant receives an eviction notice, he or she can meet the terms of the notice and “cure” the defect, i.e. bring rent up to date or remove lease violations like pets. If the landlord files a complaint, the tenant will have the opportunity to answer it and appear in court to present a defense. The judge will ultimately decide whether to grant the eviction.

For help with your landlord-tenant issues, contact an experienced Orange County eviction attorney. To schedule an appointment with Schiff & Shelton, Attorneys at Law, call (949) 417-2211.

Evicting a Tenant Following a Sale of Property With an Anaheim Eviction Attorney

Anaheim eviction attorneyMany landlords wrongly assume that just because they bought or sold a property, they can start over and evict all existing tenants. Generally, selling or buying a property does not provide independent basis for an eviction. Instead, an Anaheim eviction attorney can explain to you the limited circumstances where a landlord can sell a property and evict all tenants.

California Ellis Act

The most common scenario for a landlord to evict a tenant following a sale or purchase of property is an Ellis Act eviction. The Ellis Act is a state law that allows landlords to evict tenants when the landlord decides to get out of the business of being a landlord.

Under the Ellis Act, a landlord can evict all of the tenants and use the property for his or her own use and for any other non-rental purpose. However, an Anaheim eviction lawyer can explain to you that the Act does not allow the landlord to dump existing tenants to replace them with higher-paying ones. In addition, the Act does not allow landlords to single out particular tenants to kick out.

Basically, a landlord can only evict a tenant following a purchase or sale of property if the landlord intends to change the use of the property.

Contact an Anaheim Eviction Attorney

If you need any assistance with the eviction of a tenant following the sale of a property, you will want to work with experienced counsel. You can schedule a consultation to discuss the specifics of your case with a lawyer at Schiff & Shelton, Attorneys at Law by calling (949) 417-2211.

Evicting a Tenant Without a Specific Reason: Ask an Orange County Eviction Lawyer

Orange County eviction lawyerYou do not always need to have a specific reason to evict a tenant. Instead, an Orange County eviction lawyer can explain to you that if you follow the proper notice requirements, it may be within your right to evict a tenant without giving any reason.

Eviction Notice Requirement

Landlords who want to evict a tenant and end a month-to-month tenancy generally only have to serve the tenant a 30 or 60-day notice of the eviction. In most cases, a landlord will not have to state the specific reason for ending the lease. So, the termination can be based on no reason at all. However, you should consult with an Orange County eviction attorney as there may be exceptions to this general rule, including any local rules regarding notice and evictions. For example, there may be rent control requirements in your jurisdiction that may forbid an eviction without a stated reason.

In addition, you should be aware that even if you do not need to state a reason for ending a tenancy, it is still not allowed to terminate a tenancy for an illegal or discriminatory reason. For example, you may not evict a tenant for being a certain race, sex or religion.

Contact an Orange County Eviction Lawyer

If you need assistance with an eviction, you should talk to an experienced attorney. You can schedule a consultation with an attorney at Schiff & Shelton, Attorneys at Law by calling (949) 417-2211 to discuss the specifics of your case.

Evicting a Tenant for Being a Nuisance | Contact a Santa Ana Eviction Attorney

Santa Ana eviction attorneyThere are certain situations in California where you may be able to evict a tenant by only giving three-days notice. One of these situations may be if the tenant creates a nuisance or interferes with the rights or enjoyment of the property of other tenants. A nuisance is narrowly defined and you will want to talk to a Santa Ana eviction attorney to learn if the three-day notice period applies.

Notice of Evictions

In most cases, a landlord will need to give a month-to-month tenant 30 or 60 days notice of the eviction. In this time, the tenant may have an opportunity to cure the condition giving rise to the eviction. However, in some cases, the reasons supporting the eviction may be so severe that the landlord can evict the tenant by only giving three-days notice with no opportunity to cure.

A Santa Ana eviction lawyer can explain to you that one of these situations is if the tenant is a nuisance. Some examples of nuisance include:

 

  • Generating excessive noise and disturbing the peace of other tenants
  • Creating an unhealthy and unsanitary living condition
  • Making the premises unsafe such as by blocking fire escapes and exits

 

If you are evicting a tenant for creating a nuisance, you will have to be very specific with your notice. A Santa Ana eviction attorney can help draft the notice and help you through the eviction process.

Contact a Santa Ana Eviction Attorney

To learn more about evicting a tenant for interfering with the rights of others, you will want to consult with an experienced attorney. Talk to an attorney at Schiff & Shelton, Attorneys at Law by calling (949) 417-2211.

Tenant Evictions for Unlawful Conduct on Premises

Landlords may rely upon a tenant’s unlawful conduct on the premises to evict them. In fact, if the tenant engages in illegal conduct, an Orange County eviction attorney can assist the landlord in an expedited eviction procedure to get the tenant out as soon as possible.

Evicting a Tenant for Engaging in Illegal Acts

Generally, a landlord can evict a tenant in a month-to-month tenancy by giving either a 30- or 60-day notice of eviction. However, if the landlord is able to show that the tenant engaged in certain unlawful conduct on the premises, the landlord may be able to evict the them by only giving three days advance notice. Some illegal acts that may support the shortened notice requirement include:

  • Drug dealing, drug use and other drug-related crimes
  • Sexual abuse, sex assault and other sex-related offenses
  • Weapons possession and weapons-related offenses
  • Use of the property for dogfighting and animal abuse

To learn more about situations where you can evict a tenant for unlawful conduct on the premises, you will want to talk to an Orange County eviction lawyer. In addition, if your tenant is currently on a lease for a specified period of time, a lawyer can help review your lease agreement to support eviction.

Contact an Orange County Eviction Attorney

If you need help evicting a tenant, contact an experienced attorney at Schiff & Shelton, Attorneys at Law. You can schedule a consultation to discuss the specifics of your case by calling (949) 417-2211.