Warning: Attorney Verification of Unlawful Detainer Complaint May Be Invalid

Posted on May 24, 2010 by Owner in Landlord Tenant, Real Estate Litigation, Uncategorized, Unlawful Detainer 9 Comments

Over the past few years I have noticed several large unlawful detainer law firms are verifying the complaints of their clients. They do this because unlawful detainer complaints must be verified. Verified means signed under penalty of perjury by the plaintiff. The practice of an attorney verifying a complaint troublesome for both the firm’s clients and […]

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5 Things to Consider Before Filing an Unlawful Detainer Action

Posted on April 13, 2010 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

1. Is your three day notice to pay rent or quit valid? Among other things, a three day notice to pay rent or quit must state the actual amount of rent due (residential) or provide a reasonable estimate of the amount of rent due (commercial). In addition the 3 Day Notice must provide an […]

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4 Steps to Responding to an Unlawful Detainer Action in California in an Effective Manner

Posted on February 8, 2010 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer 1 Comment

Unlawful Detainer defendants whether it be for a commercial unlawful detainer or a residential unlawful detainer in California should prepare the following documents when responding to an unlawful detainer complaint: 1. Answer or Responsive Pleading: This document must be filed within 5 days of being served with the complaint. If the complaint was substitute served you may have […]

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Renter’s Rights When Their House is Foreclosed Upon

Posted on April 23, 2009 by Owner in Landlord Tenant, Real Estate Litigation, Uncategorized, Unlawful Detainer No Comments

There is an interesting situation that is appearing more and more. A tenant, who is renting a house or condominium from the owner, suddenly learns that the property they have been renting has been foreclosed by the landlord’s lender. The questions then become: Who does the tenant pay the rent to? What are the tenants rights? […]

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Zachary Schorr Quoted On Advice for Landlord Tenant Disputes

Posted on March 11, 2009 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

I discovered this morning that I was quoted on an affiliate website of the Philadephia Inquirer and the Philadelphia Daily News. The article, Having a Good Landlord Tenant Relationship, deals with issues facing both landlords and tenants. In the article, I am quoted on several issues dealing with preserving and protecting both the landlord and […]

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Unlawful Detainer Writ of Possession

Posted on February 26, 2009 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer 1 Comment

As a landlord, if your prevail on your unlawful detainer action – whether it be by default or after a trial on the merits you do not automatically get possession of the leased property. The landlord or its unlawful detainer attorney, must then apply to the court for a writ of possession. Once the writ […]

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3 Tips for Drafting a 3 Day Notice to Pay Rent or Quit in California

Posted on February 24, 2009 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer No Comments

To initiate the unlawful detainer process based on a tenant’s failure to pay rent, the landlord or the landlord’s agent must do a 3 Day Notice to Pay Rent or Quit. Here are some, but not all, things the landlord should remember to include: 1. Amount of Past Due Rent. The 3 Day Notice to […]

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Can Your Unlawful Detainer Attorney Sue for Damages?

Posted on February 18, 2009 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer 2 Comments

In California, unlawful detainers are summary proceedings that occur in a court of limited jurisidiction. In other words, because the law expedites unlawful detainer matters through summary proceedings, that court does not have the power to hear all matters that other courts would be able to hear or determine. Instead, in California, the unlawful detainer […]

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30 or 60 Days’ Notice to Terminate a Month to Month Tenancy

Posted on February 13, 2009 by Owner in Landlord Tenant, Real Estate Litigation, Uncategorized, Unlawful Detainer No Comments

For a periodic or month to month tenancy in California, both the landlord and the tenant have the right to terminate the tenacy upon 30 or 60 days’ notice. The amount of notice required depends on the length of the tenant’s tenancy. If the tenant has reside at the premises for less than a year, […]

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Unlawful Detainer After Foreclosure

Posted on February 10, 2009 by Owner in Landlord Tenant, Real Estate Litigation, Unlawful Detainer 1 Comment

One of the more pressing issues facing people who just went through the foreclosure process is what happens after foreclosure. In other words, do you have the right to remain in your house? Generally, the answer is no. Foreclosure cuts off the homeowners rights to possession. However, the landlord (the bank) still has to go […]

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