This is our latest installment regarding evictions.  In this video about evictions, California Attorney and Real Estate Broker Chris Adishian answers the question, “Is there an expedited legal procedure for evictions?” at the South Bay Association of Realtors Commercial Attorney Panel on June 2, 2015.

Transcript

I want to call attention to the fact that the eviction process, whether commercial or residential, is a totally different track than standard civil litigation. Standard civil litigation in LA County, you’re looking at probably 2 years to trial, plus or minus a little bit. A lot of cases settle, you just don’t know where they’ll settle in those two years.

To your point of well, the term is up, and our society says, we’re going to give you – this is life liberty property, this is property – we’re going to give you an expedited procedure in civil court. Now, I don’t know James, how often is it actually 20 days? And then, even if it is in 20 days, James is still telling you “It’s really expensive”.

So, I just want to call that out: there is an expedited procedure for evictions and it runs differently than standard civil litigation.

Evictions can be drama-filled, but they don’t have to be.  Most often an eviction is simply the outcome when the tenant cannot afford to pay the rent.  However, in some cases, the Landlord is being over-aggressive in an effort to get out of an unfavorable lease.

In this video, California Attorney and Real Estate Broker Chris Adishian answers the question, “Are commercial and residential evictions commonplace?” at the South Bay Association of Realtors Commercial Attorney Panel on June 2, 2015.

Transcript

If you look across the county, for example, in LA County, I know there’s not a lot of visibility into the legal system from laypeople, and I’d like to provide that.  Unlawful detainers are a significant percentage of what’s actually in court.  I’ve seen estimates as high as 30%, 40%, 50% of a judge’s case volume in a civil court, is unlawful detainer.  And now, they’ve even made, in LA County, as an attempt to organize it, they’ve made specialty courts where that judge, all day every day, all he hears is unlawful detainers.  So, you are entering into a business, and that business does involve litigation.

AB 1263 changes the method of serving an unlawful detainer notice on a commercial tenant. The law provides that service on a commercial tenant can be made by any of the following methods:

  1. delivering a copy to the tenant personally,
  2. leaving a copy with some person of suitable age and discretion at the property and sending a copy through the mail, as specified, or
  3. by affixing a copy in a conspicuous place on the property and sending a copy through the mail, as specified.

Amends Section 1162 of the CA Code of Civil Procedure.

About Adishian Law Group, P.C.

Adishian Law Group is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco. As of March 2013, Adishian Law Group, P.C. has represented individual and corporate clients located across 20 California counties, 4 States outside of California and 9 foreign countries — in over 340 legal matters.

For more information about this topic or to speak with Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @algpc |   LinkedIn | Facebook | YouTube

We continuously receive inquiries from both Landlords and Tenants regarding termination of tenancies. This article applies to the renewal and termination of residential real property in California cities and municipalities that do NOT have local rent control ordinances (e.g. Santa Monica, Berkeley, San Francisco). However, even in these non-rent control jurisdicition, landlords must be careful with lease terminations.

Where there is a rental of a residential property for a term not specified by the parties, the general rule in California is 60 days notice. However, only 30 days notice is required in the following circumstances:

(A) If any tenant or resident has resided in the dwelling for less than one year, or
(B) If ALL of the following apply:

  1. The dwelling or unit is alienable separate from the title to any other dwelling unit.
  2. The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
  3. The purchaser is a natural person or persons.
  4. The notice is given no more than 120 days after the escrow has been established.
  5. Notice was not previously given to the tenant pursuant to this section.
  6. The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy. Cal. Civ. Code § 1946.1 (West)

Any notices served under this Section, must meet the notice requirements of Section 1162 of the California Code of Civil Procedure.

About Adishian Law Group, P.C.

Adishian Law Group is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco. As of March 2013, Adishian Law Group, P.C. has represented individual and corporate clients located across 20 California counties, 4 States outside of California and 9 foreign countries — in over 340 legal matters.

For more information about this topic or to speak with Chris Adishian:

Telephone: 310.726.0888 | 650.646.4022 | 415.955.0888
Email: askalg@adishianlaw.com
Social Media: @algpc |   LinkedIn | Facebook | YouTube