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Tag: eviction

California Court of Appeal Answers Two Important Questions Relating to Unlawful Detainer Actions

In Lee v. Kotyluk, decided January 7, 2021, the California Court of Appeal, Fourth District, resolved the following two legal issues relating to unlawful detainer (eviction) actions: First, the court considered whether a property owner can file an unlawful detainer action under California Code of Civil Procedure Section 1161, subdivision…

January 11, 2021 | Landlord-Tenant Law |

CALIFORNIA JUDICIAL COUNCIL EMERGENCY RULES ON EVICTIONS SET TO END AT MIDNIGHT ON SEPTEMBER 1, 2020

On March 27, 2020, California Governor Gavin Newsom issued an executive order giving the Judicial Council of California authority to take necessary action to respond to the state of emergency related to the COVID-19 pandemic. On April 6, 2020, the Judicial Council of California adopted emergency rules, including Emergency rule…

August 17, 2020 | Landlord-Tenant Law |

NOTICE TO PAY RENT OR QUIT THAT ALLOWS PERSONAL DELIVERY OF RENT MONDAY THROUGH FRIDAY, BUT NOT ON SATURDAY OR SUNDAY, DOES NOT EXTEND THE NOTICE PERIOD

In Hsieh v. Pederson, decided May 8, 2018, a lease for residential premises required the landlord to provide a 14-Day Notice to Pay Rent or Quit instead of the statutorily required Three-Day Notice to Pay Rent or Quit. The landlord served the tenant with a 14-Day Notice to Pay Rent…

Landlord Requiring Rent Payments To Be Mailed As The Exclusive Method of Payment Bears The Risk That The Payment Will Be Lost In The Mail

In SLEEP EZ v. Mateo (2017) 13 Cal.App.5th Supp. 1, decided on April 4, 2017, an apartment landlord brought and unlawful detainer action against tenants for non-payment of rent. The lease agreement required the tenants to pay $523.98 in rent per month by U.S Mail. The property manager instructed the…

September 30, 2017 | Landlord-Tenant Law |