At Ruzicka & Wallace, LLP, in Irvine, California, we have litigated thousands of eviction actions and are considered a leader in the industry. We understand that time is money for real property owners, that is why we focus on speed, quality and customer service in order to ensure cost-effective and efficient representation.
To schedule a consultation with our firm to discuss rent control issues, call us at 949-467-9185 or toll free at 888-514-1046.
Los Angeles Rent Controlled Property Eviction Representation
Local rent and/or eviction control ordinances normally limit the grounds for eviction and often provide additional procedures and requirements for eviction. Knowing how to navigate these ordinances is important to successfully evict a tenant and reduce potential liability arising from a violation of the local ordinance. This is a complicated area, but our attorneys can help you reach the best possible outcome in your case.
Determining Whether Property Is Subject to Rent Control
Determining whether a tenant is protected under a rent or eviction control ordinance is not always simple. First, the landlord must determine whether the property is located in a city with a local rent control/eviction control ordinance. Then, the landlord must determine whether any exemptions apply.
Registration
Several local ordinances require landlords to register properties. In fact, in some jurisdictions, failure to register and/or to serve a copy of the registration statement on the tenant prior to initiating eviction can constitute a defense to an eviction action.
Grounds for Eviction
For tenants subject to a local rent/eviction control ordinance, good cause (as defined by the local ordinance) is required to evict. Good cause to evict normally includes the following: failure to pay rent, a violation of the terms of the tenancy, the tenant is creating a nuisance, the tenant is using the premises for an illegal purpose, the tenant refuses to permit the landlord entry in accordance with California law and the tenant fails to enter into a lease extension or renewal after the term of the lease expires.
Additional Procedural Requirements
Many rent/eviction control ordinances require additional procedures for lawful evictions such as the service of additional notices, filing eviction notices with the rent board within a specified time and required language for eviction notices. Failure to comply with these additional requirements can result in the landlord losing an eviction case.
Costa-Hawkins Act
In 1995, California passed the Costa-Hawkins Act, which exempts single-family homes and most condominiums from local rent control laws (i.e. ordinances governing the amount of rent that the landlord may charge). However, Costa-Hawkins does not exempt any units from eviction controls (i.e. ordinances limiting the grounds for eviction).
Foreclosing Lenders
In cities subject to local rent/eviction control ordinances, a tenancy between the foreclosing lender and tenant is created by operation of law. We have vast experience guiding foreclosing lenders through the myriad of local rent and eviction control ordinances and landlord-tenant laws.
To learn more about how we can help you with your rent control evictions, contact us for a consultation with one of our California rent control eviction lawyers.
