Evicting a Tenant in Los Angeles
Sinai Law Firm is a full-service eviction law firm serving Los Angeles. Our core value is making our clients money. We believe our clients deserve a positive return on their legal expenses.
Unlike other law firms, we are ready to go to trial in every single eviction case. What sets us apart from the standard eviction services:
- Talk to your lawyer on the phone or in person – no exceptions.
- One attorney handles your eviction from start to finish. We don’t hand you off from one lawyer to the next.
- Get regular updates on your case.
- Sinai Law Firm is trial ready. We are prepared to go to trial in every single eviction case.
- Flat-Fee Representation – we offer flat rate representation to get started in almost every eviction case we take.
Need Help Removing a Tenant?
Contact the Sinai Law Firm to get started today.
There are 3 major reasons: Tenants have a right to a jury trial, which can takes months. Rent control provides additional protections to tenants. Many non-profit organizations provide free representation to tenants in eviction cases.
The Courts operate within the rules set by the legislature. With proper representation, landlords can enforce their property rights in LA Courts.
Costs vary based on the length of representation and case complexity. For most cases, we charge a flat fee to get started and an hourly rate after a contested eviction.
Evictions are expedited civil lawsuits. Most of the litigation rules apply to unlawful detainers. Any civil lawsuit brought to a jury trial will be expensive. There are many LA firms that offer ‘wholesale’ eviction services on a discount.
The process can take a few weeks at a minimum. If the case goes to a jury trial and the tenant is represented by a lawyer, it can take up to a few months of litigation.
Attorney fees are awarded in only some eviction cases. If your lease agreement has an attorney fee provision, the judgment can include attorney fees. Like any money judgment against a defaulting tenant, it will be extremely difficult to collect a judgment.
No. Evictions are about mainly possession, and it is often difficult to collect owed rent after a judgment.
Yes. We offer a flat rate, limited representation in most eviction cases.
Our approach is personalized to the specific needs of the client. Other firm provide blanket one-size-fits-all eviction services. That might sometimes work, but could backfire with some tenant pushback. With Sinai Law Firm you always talk to your lawyer, not a paralegal.
Yes. We provide the same excellent service to commercial landlords.
We strongly recommend against drafting and serving your own notices. Eviction notice requirements are highly technical and complex. Always hire a lawyer to draft, review, and serve the correct eviction notice.
A Different Approach to Evictions
Many eviction law firms in Los Angeles operate on a ‘wholesale’ basis. Landlords can’t talk to the lawyer over the phone and get updates. Different lawyers handle your case in different stages. Paralegals perform most of the legal work.
We take a different approach. Clients who need eviction services should get personalized service. Same attorney that you talk to when you hire the firm is the same lawyer for your trial. If you need an update from your lawyer, we believe you should be able call and talk to him right away.
Here is how our different approach sets us apart:
- Better results – the reason tenants ‘win’ evictions in Los Angeles is delays and errors. We push every single eviction case to trial, as soon as possible. Putting pressure on the defendant is key to securing the best possible results.
- Better settlements – it’s always cheaper, and faster, to settle than to litigate. To get the best settlement terms we treat every case as if it’s going to trial. Unlike other firms, we are not afraid to litigate unlawful detainer cases.
- Flat rate representation – in most eviction cases we offer flat rate representation to get started. That helps landlord control their legal costs.
Key Issues in Los Angeles Eviction Practice
Eviction litigation in LA offers unique challenges to landlords. There are several reasons for this:
- Rent Control – rent control laws limit rent increases and limit eviction powers. Landlords under rent control can only evict tenants for specific reasons allowed by code.
- Jury Trials – California tenants have a constitutional right to a jury trial in evictions. This issue stretches litigation by months and increases preparation costs for trial.
- Tenant Legal Defense – tenants facing evictions are often represented by non-profits. It’s a free service, supported by the county, city, and LAHD. Every tenant facing eviction can contact those orgs and get free legal counsel.
- Strict Notice Requirements – eviction notices have to be almost perfect. If the eviction notice is defective, the landlord will usually lose the eviction. Many landlords lose eviction cases this way. It’s extremely easy to make a mistake in an eviction notice. Rent control has special termination notice requirements – making it even more complicated.
Grounds for Evictions in LA
- Nonpayment of Rent – the most common for evictions in Los Angeles County is failure to pay rent. In the the city of Los Angeles, new rules require evictions to start only after the tenant owes a minimum amount. CCP 1161(2).
- Breach of the Lease – special notice requirements apply for evictions on the basis of breach. For example, in Santa Monica landlords are required to give tenants who breached the lease a reasonable time to cure before an eviction notice. CCP 1161(3).
- Illegal Subletting – if you find out the tenant assigned, sublet, or added a roommate without your written consent, you can start eviction proceedings. The lease agreement and local rules control when a landlord can evict on this basis. CCP 1161(3), (4).
- Nuisance and Property Damage – when a tenant interferes with the peace and quiet of other residents or engages in illegal activity – landlords can start eviction proceedings. This includes destruction of property, gang activity, excess noise, violence, and illegal drug activity. Termination notices must include dates, names of witnesses, and specific acts by the tenants. CCP 1161(4).
Evictions for Tenants Illegally Subletting on Airbnb
Landlords can evict tenants who sublease their unit via Airbnb. Most leases don’t allow subletting without the landlord’s consent. Los Angeles, Santa Monica, and West Hollywood also restrict Airbnb use. Illegal sublet through Airbnb is an illegal assignment. California Code of Civil Procedure 1161(3) and (4).
- Landlords must take immediate action once discovering illegal Airbnb use.
- Find the listing on Airbnb and take screenshots showing the unit and the host.
- Contact a lawyer to draft and serve an eviction notice based on California Code of Civil Procedure 1161(3) and (4).
No-Fault Evictions
No-fault evictions in Los Angeles happen when landlords ask tenants to move out for reasons that are not the tenant’s fault. Some of the grounds for no fault evictions:
- Owner Move-In: The landlord or their immediate family members plan to live in the unit.
- Removing from Rental Market – The landlord decides to permanently take the property off the rental market.
- Government Orders: A government agency orders the property to be vacated due to health, safety, or other legal reasons.
- Demolition: The landlord plans to demolish the building and replace or redevelop the property.
In no-fault evictions, the tenants get statutory relocation fees from the landlord. The relocation amount depend on several factors, from $5-25,000.
Commercial Evictions
Commercial unlawful detainers in Los Angeles have different rules compared to residential. Commercial tenants have much less protections compared to renters. This means landlords can often evict business renters faster and for more reasons.
- Lease Rules: Commercial evictions are more dictated by the lease. Residential evictions are subject to local rules protecting tenants.
- Speed: Evicting a business can happen faster than evicting someone from their home.
- Rent Control: Laws that limit rent increases usually don’t apply to commercial spaces.
Our Results
We take pride in the results we get for our clients in eviction cases. Some of our results:
Santa Monica Evictions
- Jury Trial – A complex landlord jury verdict against an illegal occupant. Legal Aid Foundation represented the tenant. The litigation lasted five months, and the jury trial was unanimous.
- Jury Trial – Landlord jury verdict against 2 tenants for failure to pay rent. Experienced defense firm represented the tenants. Unanimous jury verdict despite habitability defense.
- Stipulated Judgment – luxury home eviction. Our client collected $55,000 in paid rent, got possession in less than 30 days after filing the eviction. Tenant was represented by a large law firm.
- Stipulated Judgment – section 8 tenant illegally sublet the unit. We secured possession to our client in less than 45 days after the eviction.
- Commercial Office – secured possession in less than 14 days for the landlord. $85,000 to the landlord, zero litigation.
Los Angeles Evictions
- Bench Trial – complex case in rent controlled residential apartment building. Landlord verdict, possession during COVID-19.
- Jury Trial – residential non-payment of rent against a tenant who did not pay rent for 2.5 years. Tenant was represented by a non-profit. Case was settled during trial, with possession to the landlord.
- Commercial Eviction – secured possession for the landlord, during COVID-19 with no litigation. High demand retail location.
- Commercial Eviction – secured $250,000 in past rent payments and possession of an industrial building from non-paying tenant.
- Residential Eviction – obtained judgment via MSJ for the landlord.
Need to Evict? Have a Question?
In Los Angeles evictions, speed and competency are the most important factors determining your case. If you want to learn more about our services or schedule a consultation: