When a landlord and a tenant sign a rental agreement, they are stating they will abide by the rules embedded in the contract. These rules, unless altered and agreed to in writing by both parties, are the laws governing the relationship between the two parties. If the tenant breaks the contract, the landlord has the right to give him or her notice before embarking on the legal eviction process in Los Angeles, California.
The Eviction Process
The laws of the State of California govern the behavior of tenant and landlord when it comes to rental disputes. Some disputes end up in court. This marks one step in the eviction process which starts when the landlord serves notice to the tenant. The landlord may do this for any number of legal reasons. Among them are:
* Failure to pay the rent within due course
* Negatively impacting the quality of life of the other tenants
* Lease violation
* Unlawful possession and use of illegal substances and firearms on the premises – if an arrest report implicates the tenant, this will fortify the claim of the landlord and make it easier to evict by going through an alternate legal entity
* Damages to the unit
In case of eviction, the landlord can never be arbitrary. He or she must follow the letter of the law. The landlord must file and serve the proper paperwork. If he or she fails to do so, the case may be dismissed or the judge may rule in the tenant’s favor.
Going Through The Motions
Both the landlord and the tenant have the right to present their case in court. The judge, or in some few cases, the jury, will listen to argument from both sides. Both need to provide evidence to back up their statements. While the landlord may look as if he or she has the upper hand, a hearing is one part of the eviction process in which the court listens carefully to what each party – defendant and plaintiff, have to say.
It does not matter who is appearing. Both the landlord and the tenant must take care to prepare his or her case. Whether a lawyer represent either or both parties, it is important both the defendant and plaintiff prepare their case thoroughly always keeping in mind the brief time frame. This is one aspect where, perhaps the eviction process does favor the landlord. He or she has had a longer time to prepare. The plaintiff has only five days.
Nevertheless, both the tenant and the landlord have the right to present their case – including any evidence. The judge will then decide whether to dismiss the claims against the tenant or to allow the landlord to continue with the eviction process in Los Angeles. Whatever the decision, it remains up to both individuals to present the best case possible if they want to win.