REAL ESTATE LITIGATION: UNLAWFUL DETAINER

Unlawful detainer occurs when a lease or rental agreement has terminated, but the tenant (either a resident or a business) continues to occupy the premise. This situation can arise out of a variety of circumstances and can be extremely complicated.

California law outlines very specific guidelines for how eviction procedures must be carried out, but these procedures can vary wildly depending on the nature of the lease agreement, the conduct of the involved parties prior to the attempted eviction, among other factors. If you are a landlord dealing with an uncooperative tenant, you may want to consult with an attorney about your options for either repairing or terminating the relationship.

If you are a tenant facing a possible eviction, it is in your best interest to  seek professional legal assistance. The laws regulating eviction procedures are complex and landlords frequently make mistakes which either invalidate the eviction process or necessitate time extensions for the tenant to rectify the situation.

At Webb Law Group, we have successfully litigated unlawful detainer matters in all types of situations. We have represented all types of clients in all types of situations. As such, our attorneys are experts in scrupulously adhering to the nuances of California’s Civil Code.

Commercial Unlawful Detainer

Commercial unlawful detainer matters arise when a business continues to occupy a property without the owner’s permission. This typically happens in shopping centers and office buildings. If a lease period expires without the parties renewing the agreement or without the business vacating the premises, grounds for eviction are established. Eviction can also be an available remedy when the tenant violates the terms of the lease agreement. Once an agreement has been breached, the tenant no longer has the property owner’s permission to occupy the space. The law requires that the property owner make a good-faith effort to remove the tenant before filing a lawsuit. If the tenant refuses to leave, or simply ignores the owner’s efforts, then grounds for an unlawful detainer suit are established.

Residential Unlawful Detainer

In most cases, residential unlawful detainer cases come about from non-payment of rent. If you are a tenant facing eviction from your residence, you should know that the law is on your side. California law makes it difficult for landlords to remove people from their homes without exhausting every other possible remedy. It is also worth noting that it is in the landlord’s best interest to keep as many units filled as possible — so if there is another remedy available, the landlord will likely pursue it. These types of situations are similar to a game of poker.

Our attorneys specialize in finding creative solutions to preserving long-term relationships between landlords and tenants. We accomplish this by determining the desires and needs of both parties, and finding a solution that everyone can agree on. If you are currently dealing with an eviction proceeding, contact our office to find out how we can help you stay in your home, negotiate for better rental terms, or rewrite the terms of your lease agreement.

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“When principles that run against your deepest convictions begin to win the day, then battle is your calling, and peace has become sin; you must, at the price of dearest peace, lay your convictions bare before friend and enemy, with all the fire of your faith.”

― Abraham Kuyper
Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.