A tenant may face an action of eviction in Los Angeles, California as a result of several things. His or her actions may simply be directed to recover rent or to get back the rental unit. The decision to regain property cannot be made out of a whim or a dislike for the current tenant. It may have no basis in religion, race, culture or social status. The landlord’s actions must reflect any of the reasons found in the laws regarding eviction in the state of California.
Legal Reasons For Eviction
The landlord must file his or her intentions as a Landlord Declaration of Intent to Evict with the Los Angeles Housing Department (LAHD). This is particularly true if the action or complaint involves police reports and the City Attorney. In essence the main reasons for pursuing eviction in Los Angeles are:
* Failure to pay rent – This is probably among the most common reasons for serving eviction papers. According to the Los Angeles Municipal Court (LAMC) The rent may also take into consideration the one per cent for gas and the same for electric services if this is part of the rental agreement and paid for by the landlord
* The tenant is a nuisance, bothering the other tenants and preventing them from enjoying their enjoyment of premises
* Upon receiving notification to extend the current written lease in writing, the tenant has ignored it or refused to agree to do so
* The tenant has broken the contract/lease in some fashion
* Tenant has used the residence to sell drugs, weapons or demonstrated other forms of illegal activity
* The tenant has not permitted the landlord entry for any reason, including repair work maintenance, inspection or showing to a possible tenant
* The current tenant is subletting without the current permission or approval of the landlord
Any of these actions can result in a court appearance at which both the landlord and the tenant can produce evidence and argue as to why he or she must go or should stay.
Potential Results
A hearing into an eviction in Los Angeles can produce two basic results. Either the tenant or the landlord will win the case. If the tenant wins, he or she can return to the residence and will not be required to vacate the premises. He or she may also receive court causes and, if a lawyer was involved, additional money. It depends upon the original agreement.
If the landlord wins, the tenant must leave. The landlord can also receive the right to back rents owing and monies to repair for damages caused by the tenant. If any property remains behind, the landlord can also tack on expenses for storage fees. Other additional and related costs may also be awarded by a judge for court costs and other legal fees.
An eviction in Los Angeles, California can be a simple matter. It can also become more complex. Nevertheless, it is a legal issue. A landlord and a tenant have certain rights. Neither should break them and expect the courts to support what they have done. Everyone has the right to due process, even tenants who fall behind in the payment of their rent.
