Glendale Landlord-Tenant Attorney
Marinaccio Law represents property owners and tenants facing disputes over eviction actions, Fair Housing complaints, and other disputes. Law addressing unlawful detainers, also known as evictions, are detailed and if not followed precisely, can cause an uphill battle in order to successfully evict a tenant. Marinaccio Law landlord-attorney service guides its clients through the intricate details of California law addressing the landlord-tenant relationship.
Beyond evictions, there are a number of disputes that occur between landlords and tenants for both residential and commercial properties. Some of the more common disputes involve:
- Non-payment of rent
- Breach of lease terms
- Habitability issues
- Wrongful evictions
- Security deposit disputes
- Breach of an implied right of quiet enjoyment
- Repair disputes
The law involving evictions, formally known as unlawful detainers, can be complicated and is extremely detailed and precise. An incorrect amount of rent stated on notice or not having a phone number where a tenant can pay rent can invalidate a Three Day Notice to Pay Rent or Quit and make a landlord start the eviction process all over again.
Marinaccio Law offers landlord-tenant advice to guide clients through the details of unlawful detainer and addressing other issues of the landlord-tenant relationship.
When a tenant does not pay rent on the date rent is due, a landlord may begin the unlawful detainer process by serving a Three Day Notice to Pay Rent or Quit. After three business days, the landlord can file an unlawful detainer in the local courthouse. A tenant must be served and has the opportunity to respond to the Complaint. Then, in most circumstances, a trial will be scheduled.
In addition to having a trial, many times tenants will file other motions to delay the process including demurrers, motions to strike, and motions to quash. Marinaccio Law represents clients through many of these motions to make a seamless process.
If the landlord is successful, the landlord can obtain a judgment for money owed from the tenant and for possession to be returned to the landlord. The Sheriff’s Department will then execute a writ of possession to have a lockout.
In addition to non-payment cases, a landlord can file an unlawful detainer when a tenant breaches a material term of the lease. For example, a landlord may initiate an unlawful detainer if a tenant has unauthorized guests, is committing a nuisance, subletting, or has otherwise violated a term in the lease. To start an eviction, the landlord must serve a Three Day Notice to Perform or Quit or a Three Day Notice to Quit.
In addition to the reasons above, in rent control jurisdictions there are a number of other reasons for eviction, including for owner occupancy, Ellis Act, and to perform a government order. In those situations, Marinaccio Law can guide the tenant through complicated rent control laws and regulations.
In addition to residential tenancies, Marinaccio Law handles commercial lease disputes and transactions including reviewing lease agreements, commercial evictions, and lease disputes involving breaches of a lease. Often times in a commercial setting there will be a dispute regarding lease terms that can often be complicated and time-consuming.
Marinaccio Law assists Clients in drafting and serving any notices that need to be served upon a tenant, representing Clients in court, and offering guidance in the landlord-tenant relationship.
Whether you own one unit that has a problem tenant or is a property management company, Marinaccio Law offers its extensive experience in landlord-tenant law. You will always be able to speak to the attorney for questions during the process.