Unlawful Detainer
The eviction process in California, commonly referred to as “unlawful detainer,” is complex and technical. One small mistake at any point in the process could result in lengthy delays or the ultimate inability to remove a tenant. Public agencies involved in unlawful detainer proceedings, therefore, must have attorneys with the experience and technical expertise to navigate through this intricate intersection between due process, real property law, contract law, and litigation.
For over twenty years, our attorneys have successfully guided and represented public agency clients through unlawful detainer proceedings involving both residential and non-residential tenants. Our representation is comprehensive as we guide our clients from start to finish. Our attorneys understand the intricacies and procedures necessary to evict tenants successfully, promptly, and in a cost-efficient manner.
Expertise
- Drafting residential and non-residential leases
- Evaluating and developing the evidence supporting lease violations including, but not limited to, failure to pay rent, criminal activity, disturbing the quiet enjoyment of other tenants and neighbors, unauthorized occupants, causing damage to the premises, and refusing access to the apartment for repairs or inspections
- Carefully drafting the unlawful detainer notice to ensure compliance with any applicable laws and regulations including state law provisions governing unlawful detainer notices, COVID-19 related eviction moratoria, and federal and local public housing regulations
- Preparing and filing the complaint and corresponding initiating pleadings
- Exploring and negotiating favorable terms for settlement via a settlement agreement or stipulated judgment
- Litigating a trial before a judge or jury
- Defending against post-judgment motions and appeals to delay enforcement of the unlawful detainer judgment
- Coordinating lock-out of the tenant by law enforcement
Expertise in Action
Our attorneys have litigated a countless number of unlawful detainer matters over the last twenty years. Most notably, we have represented housing authorities administering federal public housing programs and conducting unlawful detainer matters on their behalf.
Termination of tenancies, especially residential tenancies, is a sensitive undertaking. We ensure full compliance with all applicable laws and regulations and will be aggressive on behalf of our clients, but yet are mindful and respectful of those being evicted. Throughout the process, our objective is to ensure our clients achieve their objectives in the most cost-effective manner possible, while at the same time seeking an outcome that is fair to the tenant and the public agency we serve.
