Los Angeles Court Recent Ruling Demonstrate the Strictness of Unlawful Detainer/Eviction & the Court's Fairness

Mr. Landlord filed an eviction case against Mr. Tenant for not paying rent after a three-day notice on June 12, 2017. The notice said Mr. Tenant owed $507.61. Mr. Tenant denied not paying and said Mr. Landlord didn’t keep the apartment in good condition or acted unfairly.

At trial, Mr. Landlord’s manager said Mr. Tenant was supposed to pay $507.61, but Mr. Tenant sent a check for $507.60, which was returned. After the notice, Mr. Tenant sent two checks, but Mr. Landlord didn’t deposit them.

The jury decided Mr. Tenant didn’t fail to pay rent. On November 3, 2017, the court ruled in favor of Mr. Tenant. Mr. Landlord requested a new trial, but it was denied. Mr. Landlord then appealed.

A landlord must give a tenant a valid three-day notice if they want to win an eviction case. This rule is very strict, meaning that the landlord must follow all the steps correctly. The law about eviction is designed to be fast and simple, so if the landlord doesn’t follow the rules exactly, they may not win the case. To win an eviction case, the landlord has to make sure they meet all the requirements set by the law.

Because an eviction means losing the right to stay in a home, the rules for eviction must be followed very carefully. The decision to evict should also be fair. Courts generally don't like to take away people's rights unless it's absolutely necessary, and any rules in a contract should be interpreted in favor of the person who didn't create them.

The LANDLORD LOSS BECAUSE: A small mistake in a rental agreement isn’t enough to end the lease. The law ignores minor issues. Allowing landlords to end leases for tiny problems could be unfair and bypass rules that protect tenants from unfair eviction.

(Bawa v. Terhune (2019) 33 Cal.App.5th Supp. 1, 9 [244 Cal.Rptr.3d 854].)