The following information is general in nature. It is applicable only in California and does not purport to apply to any particular eviction case or fact situation or circumstance. The facts of each eviction are unique. The information presented below is for informational purposes, only. It is not intended to be relied upon in lieu of contacting an attorney at law licensed to practice in the State of California.

Pre-Eviction Advice
We are problem solvers. If you have a problem with a tenant we can help you solve it. Sometimes an eviction is the right remedy. However, sometimes, it may not be. Our attorneys will analyze your problem situation and determine if an eviction is your best course of action.  

Notices
With a few exceptions, an eviction action must be preceded by a notice of some kind. That is, the landlord must serve a written notice on the tenant. There are two general categories of notices: 1) Those based upon some breach by the tenant. That is, the tenant has violated the terms of the rental agreement and the landlord wants to evict the tenant for that reason; 2) Those based upon no fault of the tenant. That is, the landlord wants to regain possession of the rented premises, even though the tenant may not have committed any violation.

There are specific legal requirements for preparing and serving a notice of termination on the tenant, regardless of the type of notice being served.

Additionally, in those jursidictions with rent control or rent stabilization ordinances, there are (or may be) certain additional and/or substitute requirements and limitations to the serving of a notice. Please contact our office for specific information.

Unlawful Detainers
After the notice has expired, the landlord must file an unlawful detainer action against the tenant to recover possession of the premises. It is called that, because after the notice has expired, the tenant is "unlawfully detaining" the premises. A landlord may NOT, however, use self help in reclaiming possession of the premises.