Representing landlords in California for over 20 years. Best practices and news from a CA eviction attorney. No legal advice on X. https://xitter.cf/t.co/PDJRJLxS2l
Santa Clarita, CA
Joined July 2011
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Your tenant moves out with 7 months left on the lease and says, "I'm done paying rent, right?"
Not so fast.
Here's what California law actually says - and who has to prove what.
This one is for the builders and developers.
If a city sits on your ADU permit, you may be able to sue it for damages under Gov. Code 815.6, per a new published opinion against Palos Verdes Estates.
A homeowner who applies for an accessory dwelling unit (ADU) permit states a cause of action for damages under Government Code § 815.6 when a local agency allegedly breaches its mandatory, ministerial duty under Government Code § 66317 to approve the permit in a timely manner.
Several people in the post below asked if a tenant can really get a free lawyer in an eviction.
In places like Los Angeles, yes, absolutely. The government passed a law that gives qualifying tenants free lawyers to fight evictions.
The landlord still has to pay for everything.
Landlord: I just found your unit listed on Airbnb.
Tenant: I'm only renting it out when I travel. I travel frequently for work, and that's why you're seeing it posted online sometimes. I'm a great host and I get great reviews. What's the big deal?
Landlord: Your lease says no subletting without written approval, no short-term rentals, and there's a city law that prohibits such use. Using the property as a STR creates liability for me and is against the rules of the lease that you signed.
Tenant: It's my place while I'm on the lease.
Landlord: This is your one warning. If you continue to list and allow STR, you will be evicted.
Tenant: OK, see you in court. I'll get a free lawyer provided by the city.
Stevie Wonder is suing his ex over an LA home she occupied since 1988 at $0 rent after she stayed past the August move-out date.
Even a rent-free occupant needs to receive a valid notice to terminate tenancy and if they fail to vacate, the landlord must go through with an eviction case.
And in LA, she might get a free attorney even if the rent was $0.
Ventura County owners and property managers, the local housing authorities want to know the rents you actually charge. Fair Market Rents help determine how much Section 8 assistance is available, and when they lag the market, voucher tenancies are much harder to make work.
Landlord: I just found your unit listed on Airbnb.
Tenant: I'm only renting it out when I travel. I travel frequently for work, and that's why you're seeing it posted online sometimes. I'm a great host and I get great reviews. What's the big deal?
Landlord: Your lease says no subletting without written approval, no short-term rentals, and there's a city law that prohibits such use. Using the property as a STR creates liability for me and is against the rules of the lease that you signed.
Tenant: It's my place while I'm on the lease.
Landlord: This is your one warning. If you continue to list and allow STR, you will be evicted.
Tenant: OK, see you in court. I'll get a free lawyer provided by the city.
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Landlord: The tenant stopped paying. I'm shutting off the water until he leaves.
Me: Please don't.
Landlord: It's my building.
Me: It's also illegal to cut off utilities to push a tenant out, and the penalties run daily. File the eviction and let the court do it.
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Landlords deserve equal rights under the law.
Not special treatment. Just fairness.
ALT A crowd gathers, holding signs advocating for landlords' rights, with one prominently stating "LANDLORDS NEED EQUAL RIGHTS."
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Guest limits and animal clauses in a lease only help if you document each breach. The Encino landlord suing Clavicular alleges more than the 6 allowed guests at an Oct 11 party with fights and law enforcement showing up, plus a horse brought on without written consent.
Some new tenant protection laws sound reasonable on their own. Then you stack twenty of them and the owner is running a charity with a mortgage.