Unlawful Detainer

Are you in need of Eviction Services?

When landlords and tenants have disagreements and cannot work it out, they usually end up in court. The unlawful detainer (UD) case is a special court proceeding created by statute specifically to address eviction of tenants by their landlords.

Whether you are a Landlord, Owner, Property Manager, or Tenant involved in Unlawful Detainer Proceedings, we can help to serve your needs.  If you have to go to court to fight your Eviction, you want us on your side!

Eviction is a term term used for termination of tenancy and revering possession of a property. In general, a notice serves as a notice of termination of tenancy and have the tenant vacate the premises. If the tenant refuses to leave, then the matter needs to be escalated further and becomes costly to the landlord.  If the property is in a rent controlled jurisdiction, then it becomes even more time consuming and expensive to comply with the jurisdiction ordinance. An UD action decides whether the landlord can take the property back from the tenant.

An unlawful Detainer action is a special summary proceeding that entitles landlords to statutory priority over all other civil cases. Once possession is no longer at issue, the the case becomes a general civil action or you can dismiss the case or file it as a small claims action.

 

Notice

The eviction process starts when the landlord serves a notice on the tenant. The most common types of notices that are served prior to starting an eviction are:

  • 3-Day Notice to Quit (for purchase at Trustee’s Sale after foreclosure);
  • 3-Day Notice for Non Payment of Rent;
  • 3-Day Notice for Breach of Contract;
  • 30-Day Notice to Terminate Tenancy for tenants who have occupied a property for less than 12 months;
  • 60-Day Notice to Terminate Tenancy for tenants who have occupied a property for more than 12 months

Properties that are covered by the rent control ordinance and government assistance programs follow different rules. The city of San Jose maintains a database of properties that are in the rent control area. In San Jose, in addition to the two types of 3-Day Notices listed above, the following termination notices are also common:

Rent Control

  • 60-Day Notice to Terminate Tenancy with the Right to Arbitrate for rent control
  • 90-Day Notice to Terminate Tenancy (only appropriate when the vacancy rate is greater than 3.4%)
  • 120-Day Notice to Terminate Tenancy (only appropriate when the vacancy rate is less than 3.4%)

Improper Reasons to Evict

It is illegal for a landlord to try to evict a tenant based on the following issues: