THE PIT FALLS AND TRIUMPS OF THE UNLAW DETAINER PROCESS

California is not a self help state--A LANDLORD CANNOT LEGALLY EVICT A TENANT WITHOUT A COURT ORDER: https://youtu.be/i-qiZduBzcs

I inform my clients that an unlawful detainer/eviction lawsuit is among the most procedurally precise cases that can be filed. The statutory provisions are outlined in the Code of Civil Procedure starting with section 1161 and must be followed meticulously. Not adhering to these rules exactly results in failure. CCP 1161 comprises four sections addressing the termination of a tenancy:

1. Termination of a tenancy at the conclusion of the lease agreement. A notice may be necessary.

2. Termination of a tenancy due to non-payment of rent. A three-day notice to pay or vacate is required.

3. Termination of a tenancy for a tenant's breach of a lease condition. A notice to cure or vacate is required.

4. Termination of a tenancy for maintaining, committing, or allowing the maintenance or commission of a nuisance on the demised premises (the specific property or space that a tenant is leasing and has the right to occupy and use) or using the premises for an unlawful purpose. A three-day notice to vacate is required.

For item two, the statute requires the notice to include: a statement requiring payment, the amount due, and the contact details (name, phone number, and address) of the payment recipient. If in-person payment is possible, the notice must list the recipient's available days and hours. It should also provide the account number and details of a financial institution within five miles of the rental property for deposit, or mention an established electronic funds transfer method. The notice must be served to the tenant and any subtenant in actual occupation.

If the unit is part of the Los Angeles City or County RSO then more needs to be done.

Next is how and on whom service of the notice outlined by CCP 1162, has the following preference of service

a. personal service.

b. If personal service is not possible, then a copy should be left with someone of suitable age and discretion at either location, and a copy should be mailed to the tenant's residence.

c. If no suitable person is available, a copy should be posted in a conspicuous place on the property, and also delivered to a resident there, if one can be found, with a copy mailed to the tenant at the property's location.

Getting the notice wrong could cause a loss in court.

The positive note is that if you do it right and get the complaint right the work load shifts to the tenant.