Landlord Rights – How To Evict a Tenant in Los Angeles

In this guide, we explore your rights and what you can do when faced with a tenant eviction.  With a 7% increase as well as 1% for utilities allowed in 2024 –  you may be faced with a tenant eviction in the next few months.

Tenant eviction is a difficult situation for any landlord and property management company.  The legal, ethical, and emotional toil that it can take demands a delicate balance between landlord and tenant rights to handle the matter. 

But let’s face it.  No matter how well you deal with it, it’s unpleasant.  It’s even worse when you as the landlord do not understand the protections afforded to you by the State of California, as well as those afforded to the tenant. 

By shedding light on valid eviction grounds, the Rent Stabilization Ordinance (RSO) equips landlords with the knowledge they need to navigate these challenges while upholding the law and maintaining a fair and lawful rental environment.

Let’s get started.

Landlord rights and legal responsibilities

Landlords wield significant rights in Los Angeles, accompanied by responsibilities that ensure a balanced landlord-tenant relationship. Comprehending these rights is pivotal, and adhering to proper eviction legal procedures is not just ethical but a legal imperative.

Landlords can enforce lease agreements, collect rent, and maintain properties. Tenant rights, including habitation quality and protection against unjust eviction, necessitate precise eviction actions such as non-payment or lease breaches.

Adhering to eviction legal procedures is crucial. Missteps lead to lengthy legal battles, financial loss, and reputational harm. Incomplete notices can invalidate evictions, necessitating restarts. Precise adherence assures justifiable, documented, and lawful actions.

Given these evolving regulations, staying informed is essential because compliance fosters a transparent, respectful rental environment benefiting all parties. As the rental market continues to shift and evolve, knowing rights and procedures is the cornerstone of a successful tenant-landlord relationship.

Grounds for eviction in a rental property

Los Angeles Municipal Code section 151.09(A) requires landlords to have ‘just cause’ to evict a tenant from a rented residential real property. Unpaid rent stands as a primary reason for eviction lawsuits, ensuring landlords receive their due compensation.

Lease agreement violations also safeguard adherence to mutually agreed terms while instances of tenant nuisance, which disrupt the rental environment, justify removal from the rental property.

Landlord rights are also retained for eviction reasons where tenants are not at-fault. Owner move-in and when a property becomes a primary residence for the landlord manager are also legal reasons for evictions, as well as for substantial renovations that enhance the property’s condition.

Rent increase under Rent Stabilization Ordinance (RSO)

The Rent Stabilization Ordinance (RSO) in the City of Los Angeles regulates rental properties to ensure fair treatment of tenants. Under the RSO, eligible rental units are subject to limitations on rent increases and tenant evictions.

This ordinance places a cap on the maximum allowed rent increase, preventing landlords from imposing arbitrary hikes. The ordinance reflects the city’s efforts to address housing affordability and protect vulnerable tenants from being subjected to abrupt and unreasonable changes in their living situations.

The RSO’s impact is two-fold: it stabilizes rent increases, preventing sudden financial burdens on tenants, and it safeguards against unjust evictions, promoting tenant security. Landlords must comply with the RSO’s guidelines, ensuring that rental relationships are governed by transparency and fairness.

While the RSO does acknowledge certain landlord rights, such as the ability to achieve a reasonable return on investment, its overarching focus is on safeguarding tenants’ rights (1) and creating a more balanced rental environment.

Tenant eviction and the lifting of COVID moratorium on rent increase

The recent ordinance passed by the Los Angeles City Council on June 2, 2023, holds significant relevance in the context of tenant eviction processes. This new ordinance outlines the conditions for resuming rent increases after four years for units covered under the Rent Stabilization Ordinance (RSO), effective from January 1, 2024.

While the primary focus of the section is on rent increases, its implications extend to tenant evictions. Landlords considering eviction due to rental disputes or breaches of lease terms need to be aware of these regulations. Understanding that the moratorium period impacts the timing of rent increases is crucial.

Any rent increase notices served during the emergency period or within 12 months after its conclusion must clarify that the rent hike will only be applicable once the moratorium period concludes.

Furthermore, this section underlines the prohibition of retroactive rent increases to compensate for the period during which the rent was frozen. This concept is pertinent to eviction scenarios where financial disputes might arise.

As landlords navigate tenant evictions, they must ensure that any financial claims align with the legal framework and adhere to the specified annual limits established under the RSO.

This policy underscores the intricate interplay between rent increases, eviction considerations, and legal compliance. Landlords initiating eviction processes must remain well-informed about the stipulations of this ordinance to execute eviction proceedings in alignment with the prevailing rental regulations.

How to begin an eviction process in a rental unit

Evicting a tenant in Los Angeles involves a structured process that starts by serving eviction notices and adhering to specific notice periods as dictated by the law. (1) There are three primary types of eviction notices:

Pay or Quit Notice

If a tenant fails to pay rent, landlords can issue a Pay or Quit notice. This notice gives the tenant a specific period, usually three days, to either pay the outstanding rent or vacate the premises. Serving this notice promptly and accurately is crucial for initiating the eviction process correctly.

Cure or Quit Notice

When a tenant breaches lease terms, such as engaging in prohibited activities or violating other rental rules, landlords can serve a Cure or Quit notice. This notice grants the tenant a set period, typically three days, to correct the violation or leave the property. Proper documentation of the violation and providing clear instructions in the notice are essential.

30/60-Day Notice for No-Fault Evictions

In cases of no-fault evictions, such as owner move-in or substantial renovations, landlords are required to provide advanced notice to tenants. For month-to-month tenants, a 30-day notice is required, while tenants with a year-long or longer lease require a 60-day notice. Adhering to these specific notice periods is crucial to ensure compliance with the law.

Complying with eviction notice periods in accordance with the law is essential to avoid potential legal challenges. Notices should be in writing, clearly state the reason for eviction, and provide proper contact information.

Additionally, maintaining a record of the notices served and any communication with the tenant can help protect landlords’ interests during the eviction process. By following these procedures diligently, landlords can navigate the eviction process within the boundaries of the law and uphold their rights and responsibilities.

Filing an eviction lawsuit

When the notice has been served and there is no tenant action within the notice period, the next step to the eviction process necessitates legal intervention, where the landlords must initiate an unlawful detainer lawsuit. 

An unlawful detainer lawsuit is a legal action brought by landlords to regain possession of property. This process typically involves court fees, which can vary depending on the jurisdiction and complexity of the case.

Additionally, landlords may choose to hire an attorney to navigate the legal proceedings, incurring attorney fees that need to be factored into the overall cost.

To commence an unlawful detainer lawsuit, landlords must file a summons and complaint with the appropriate court in Los Angeles county. The complaint outlines the grounds for eviction, and the summons informs the tenant of the lawsuit. Proper service of these documents to the tenant is critical, ensuring that they are aware of the legal action against them.

After the tenant is served Summons and Complaint forms, they have only five days to file a response with the court, not including Saturdays, Sundays, or court holidays.

If the tenant contests the eviction, court hearings are scheduled. The duration of the entire process, from filing to final judgment, can range from a few weeks to a few months.

Tenant response and court proceedings

In the eviction process, tenant response and court proceedings play a pivotal role in determining the outcome of the case. 

Upon receiving an eviction notice or lawsuit, tenants have several response options. They can comply with the notice, vacate the property, and avoid legal proceedings. Alternatively, tenants can contest the eviction by filing a response or appearing in court. Some may opt for negotiation or mediation to resolve the dispute outside of court.

If tenants contest the eviction and the court rules in favor of the landlord, tenants may have the right to appeal the decision. This appeals process allows for a higher court to review the case. Contested evictions can extend the legal process, adding complexity to the proceedings.

Eviction cases involve court hearings where both parties present their arguments and evidence. Landlords and tenants have the right to represent themselves in court, but legal representation, such as hiring an attorney, is advisable to navigate complex legal procedures effectively. Attorneys can provide expertise, advocate for their client’s interests, and ensure compliance with legal requirements.

Tenant response and court proceedings significantly impact the trajectory of an eviction case. Landlords and tenants should be aware of their rights, responsibilities, and available options.

Legal representation, when feasible, can be instrumental in presenting a strong case and securing a fair resolution. Understanding the nuances of this phase ensures a smoother and more informed progression through the eviction process.

Landlord and tenant mediation

While some eviction cases involve lengthy court battles, there are other alternatives to resolving disputes during eviction like mediation and settlement.

Mediation, a voluntary process, involves an impartial third party who facilitates communication between landlords and tenants. These mediators maintain neutrality and aren’t aligned with either side of the case.

They often possess training in landlord-tenant law, but they might not be legal experts or attorneys. The mediator initiates by explaining the mediation process, and any agreements reached are typically documented by them. It’s important to note that a mediator can’t serve as a witness or provide legal advice.

During mediation, both sides present their perspectives, outlining their objectives. The mediator then typically engages in private discussions with each party separately, conveying settlement offers and concerns.

If the parties’ positions are relatively close, mediation might conclude within about 30 minutes. However, if various terms need thorough negotiation, the process could extend for several hours. While many cases find resolution within two hours, certain complex situations may necessitate even more time.

In cases of no-fault evictions, where tenants are displaced due to reasons like owner move-in or substantial renovations, some jurisdictions require landlords to provide relocation assistance payment to help affected tenants find new accommodations.

This payment aims to alleviate the financial burden of sudden displacement and provide tenants with financial support during their transition.

Going about the settlement agreement

Potential terms of a settlement agreement can vary for both tenants and landlords. Here are some examples:

For Tenants:

• Voluntarily vacate the premises after a designated timeframe.
• Repay overdue rent incrementally over an agreed-upon period.
• Ensure consistent on-time rental payments for a specified duration.
• Adhere to certain behaviors, like maintaining a tidy unit, for a predetermined period.
• Ensure that unauthorized occupants exit the unit.

For Landlords:

• Provide the tenant with a neutral reference for future rental prospects.
• Freeze rent increases for a defined span.
• Forgo collecting some or all of the outstanding back rent.
• Complete necessary repairs by a specified deadline.

Remember, the intricacies and implications of these terms can be intricate. It’s advisable to consult a legal professional before committing to any settlement agreement.

For settlement in small claims court

In small claims court, where monetary disputes are settled, negotiation is a common approach to resolving conflicts. Landlords and tenants can engage in discussions to reach a settlement before or during the court proceedings. Effective negotiation strategies involve clear communication, understanding the other party’s perspective, and finding compromises that benefit both sides.

Enforcing eviction orders

Enforcing eviction orders involves essential steps to regain possession of a property after a court ruling. This section focuses on obtaining a writ of possession issued by the Court and the subsequent coordination with law enforcement for a smooth eviction process.

Once a court approves an eviction, the landlord usually needs to obtain a writ of possession from the court. This legal document empowers the property owner to reclaim possession of their real property or personal belongings. It serves as an official authorization to proceed with the eviction process.

After obtaining the writ of possession, landlords work in collaboration with law enforcement to carry out the eviction. Law enforcement officers, such as sheriffs or constables, ensure the eviction is executed in compliance with legal procedures and maintain order during the process.

Coordinating with law enforcement is a crucial aspect of enforcing eviction orders. It ensures that the eviction is conducted lawfully, minimizing potential conflicts and disruptions. Obtaining a writ of possession and collaborating with authorities contribute to a controlled and lawful eviction process.

Post-eviction considerations

After successfully navigating the eviction process, landlords should focus on several key considerations to effectively manage their property and rental relationships. 

• Re-Renting and Tenant Screening: When re-renting the property, landlords should apply rigorous tenant screening procedures to ensure reliable and responsible tenants. Thorough background checks, reference verification, and credit assessments can help mitigate future risks.
• Rental Agreement Revisions: Reflecting on the eviction experience, landlords may opt to revise their rental agreements to address potential pitfalls. Clarity in lease terms, expectations, and consequences can help prevent future conflicts.
• Security Deposit Management: Handling security deposits meticulously is essential. Landlords must comply with legal requirements for returning deposits, itemizing deductions, and adhering to specified timelines. Transparent communication about deposit handling sets a positive tone with future tenants.
• Monthly Rent Payment Management: After a previous eviction involvement, meticulous tracking and management of monthly rent payments is encouraged. Implementing efficient rent payment methods and maintaining accurate records can prevent misunderstandings and ensure consistent rental income.
• Learning and Improvement: Reflect on the eviction experience as a learning opportunity. Analyze what led to the eviction and identify areas for improvement in property management, tenant communication, and conflict resolution.
• Property Maintenance and Upkeep: Ensure the property is well-maintained and ready for new occupants. Address any repairs or improvements needed to present a desirable living environment to potential tenants.
• Legal Compliance: Continue to uphold legal requirements and obligations regarding tenant-landlord relationships. Staying informed about evolving regulations can prevent future legal challenges.
• Future Communication: Approach eviction-related situations professionally and respectfully. Maintain open communication with former tenants about security deposit returns, any outstanding balances, and any necessary documentation.

By implementing these considerations thoughtfully, landlords can make informed decisions and create a more secure and harmonious rental environment moving forward.

How can a property management company help?

Engaging a property management company offers several advantages for landlords facing eviction challenges.

Professional Expertise

Property management companies possess in-depth knowledge of the appropriate process on how to evict tenants. They understand the intricacies of legal requirements, ensuring that eviction processes are carried out accurately and in compliance with the law. This expertise minimizes the risk of errors that could lead to delays or legal complications.

Staying Informed About Evolving Policies

Tenant, rent, and eviction laws and statutes can change over time. A property management company stays on top of these evolving regulations, helping property owners stay updated and ensuring compliance. Staying updated helps property owners make informed decisions and avoid legal pitfalls.

Utilizing Local Resources and Legal Counsel

Having a reliable property management company (3) gives the owner access to local resources and legal counsel familiar with various laws and regulations. The court may enter to default judgment and dismissal of claims if property owners are unable to respond to eviction cases in an appropriate manner. In situations where well-timed responses are critical, having professionals on board can prevent aggravation and further disadvantage in handling the case.

Want to escape the headache associated with evictions?

LOTUS WEST PROPERTIES has been dealing with tenant evictions and it’s associated concerns for over two decades.  Landlords in greater Los Angeles trust our reliable, honest, and transparent approach.  We’ve navigated our clients through many difficult waters over the years and would like to help you manage your properties in Culver City, Santa Monica, Koreatown to name just a few.  Contact us directly to speak to a property manager.

Disclaimer:  Information contained in this article is a not substitute for proper legal counsel when needed.