Landlord-Tenant Disputes and Evictions
Eviction lawsuits in California are summary proceedings, which means they take much less time than regular civil cases. But in exchange for expedited treatment, landlords must follow highly detailed rules, from notifying the tenant of the lawsuit to filing the right papers and forms. Mistakes in preparing the court papers can provide tenants with defenses to the eviction, requiring the landlord to start the process over. In addition, because it's the tenant's home that's at stake, many judges will set the bar very high when it comes to ruling in the landlord's favor. Winning an eviction lawsuit, even one that you'd think is a slam-dunk, isn't so easy.
Still, many landlords try to evict a tenant themselves, often with success. But you may be better off hiring a lawyer if this is your first eviction and the tenant is fighting the eviction and has a lawyer. Likewise, tenants may be better off hiring a lawyer, particularly where the landlord is doing the eviction without the assistance of counsel.
Lawyers are also important for both landlords and tenants, if the dispute relates to housing discrimination, an injury at the property, major property damage to either the building or the property of tenants or their guests, as these types of disputes can lead to expensive litigation and substantial damages. In situations like this, the landlord's liability insurance policy may also kick in and provide an attorney to defend the landlord, or a source of funds to pay for the tenant's damages.
Mehlman Law Group can provide advice and representation to both landlords and tenants related to evictions and other disputes between the landlords and tenants. Disputes related to security deposits, failure to repair heating and air conditioning equipment, plumbing and appliances, often end up becoming time consuming problems that end up in small claims court. Both landlords and tenants may benefit from legal advice and coaching, or perhaps an attorney's letter, so they can resolve such disputes. In more serious cases, Mehlman Law Group can provide cost-effective representation of parties in eviction and other litigation.
For an appointment to discuss landlord-tenancy law, call 925-935-3575.