Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Unlawful Detainer

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

Plaintiff entered into a license agreement allowing defendant to use part of plaintiff's property to make films.  The license agreement stated expressly that it was not a lease and landlord-tenant laws did not apply.  This decision holds that the advantage of a fast unlawful detainer proceeding is a private right that a landlord can waive and that plaintiff did by… Read More

Under Civ. Code 1943, an agreement to rent or lease real property is presumed to be month-to-month unless stated otherwise in writing, except that for real property used for agricultural or grazing purposes, the presumed term is year-to-year unless otherwise expressed in the rental agreement or lease.  Here, assuming arguendo that a cannabis grower (of plants in pots set on… Read More

Under the 2019 Tenant Protection Act (Civ. Code 1946.2), a landlord may not terminate the tenancy of a tenant who has occupied the premises for more than 12 months absent "just cause."  Under section 1946.2(b)(1)(K), "just cause" includes the tenant failing to move out after having given the landlord written notice of the tenant's intention to terminate the tenancy or… Read More

Civ. Code 1962 requires a residential landlord to give the tenant notice of the name, phone number and street address of each owner and manager of the premises and to update that information if it changes, as by sale of the property to a new owner.  The statute forbids service of a notice to quit or commencement of an unlawful… Read More

Landlord's taking possession of premises and re-leasing it to a third party did not moot defendant's appeal from denial of its motion to set aside the default judgment in the landlord's unlawful detainer against it.  The appellate court could still grant relief in the form of restitution under CCP 908 either in kind (i.e., restoration of possession) or in money. Read More

LA's COVID-19 Eviction Moratorium Ordinance which banned evictions for reasons other than the tenant's fault was not preempted by state law.  A demurrer was properly sustained to the owner's unlawful detainer action which alleged no tenant default but instead claimed the owner wanted to move into the unit himself. Read More

So long as the landlord does not contract with them and does not demand or accept rent from them, the landlord need not let subtenants cure the tenant's rent default.  Accordingly, the landlord's 3-day notice to quit served on the subtenants was proper though it did not offer them the alternative of curing the tenant's rent default.  Also, under San… Read More

CCP 1161.3 provides that a landlord may not terminate a tenancy for (among other things) domestic violence committed against the tenant or a member of the tenant's household so long as the domestic violence is documented by, among other alternatives, a police report.  Over a dissent, this opinion holds that the statute provides a defense to an unlawful detainer action… Read More

The trial court did not abuse its discretion in denying plaintiff's motion for an attorney fee award on the ground that neither party had prevailed in the action.  Plaintiff tenant sued his landlord, asked the jury to award him $200,000 but recovered a jury verdict of only $6,450.  In view of plaintiff's recovery of such a small percentage of the… Read More

The res judicata/collateral estoppel effect of a post-foreclosure unlawful detainer judgment extends only to proper conduct of the trustee's sale, not to claims of earlier wrongs committed by the lender that purportedly led eventually to the foreclosure.  Thus, here, the unlawful detainer judgment against the borrowers did not preclude them from later suing on a claim that the lender had… Read More

The tenant served his summary judgment motion one day late in this UD action, six days before the hearing rather than the required seven for service by express mail.  Nevertheless, the the judgment is affirmed.  Plaintiff filed an opposition.  Though complaining about the short service, it did not claim any prejudice.  Also, there was no record of oral proceedings at… Read More

A new owner that succeeds to rights under an existing lease must disclose information about itself within 15 days of succeeding to the prior owner and may not serve a three-day notice to quit based on rent that fell due during any period of noncompliance by the successor owner with that requirement, but this rule does not apply to a… Read More

While a title isn't normally supposed to be an issue in an unlawful detainer action, under the Ellis Act the trial court should have considered relevant evidence of the landlord's phony sale of another unit in considering the landlord's intent to withdraw the building from the rental market (or not). Read More

Washington's unlawful detainer statute violates due process insofar as it permits summary issuance of a writ of restitution without hearing if the landlord claims non-payment of rent and the tenant fails to file a timely, sworn written statement in dispute. Read More

A tenant was entitled to judgment in this unlawful detainer action because the landlord’s 3-day notice to quit included in the sum demanded to cure the rent default a $50 late fee and the landlord failed to prove at trial the fee was not an illegal penalty. Read More

Holidays and weekends count against the running of the three-day notice to quit period in unlawful detainer unless the landlord states that the required rent payment may only be remitted by mail. Read More

An unlawful detainer judgment does not bar the landlord’s civil action to collect past-due rent since the landlord can collect only limited amounts of rent in an unlawful detainer proceeding. Read More

1 2