Showing 41–60 of 78 results
...Counsel added the eviction action was commenced due to Foster’s failure to perform a covenant to pay the new security deposit within three days of receiving the notice, not for nonpayment of rent. Further counsel stated COVID-19 protections...
7 specified information, it also is prohibited from evicting the tenant based on unpaid rent accruing during the period of noncompliance. This disparate treatment of owner and successor owner/manager for the same dereliction of their statutory duty indicates the...
...Code, §§ 1941 [landlord’s duty to repair], 1942 [tenant’s right to withhold rent], 1942.5 [retaliatory eviction], 1944-1945.5 [presumed rental periods and automatic renewal of tenancy], 1946 [notice of termination of tenancy]; Code Civ. Proc., § 1161, subd...
...Civil Procedure Before Trial, Claims & Defenses (The Rutter Group 2015) ¶ 11:324 [citing Delta for proposition that unlawful detainer complaint failing to allege compliance with notice requirement does not subject defendant to court’s personal jurisdiction]; Eviction Defense Manual, supra...
...notice requirement creates a barrier that precludes relief altogether without demonstrated compliance. Landlords cannot “meet the defense” by showing tenants would have been guilty of unlawful detainer had they been provided with the additional 10-day warning and cure period...
...notice pursuant to section 1946.1.” Section 1954.52, subdivision (c) provides: “Nothing in this section shall be construed to affect the authority of a public entity that may otherwise exist to regulate or monitor the grounds for eviction,” and...
...dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), ... if the notice of termination . . . states the ground upon which the lessor, in good faith, seeks to...
...tenant by proceeding with an eviction based on the existence of domestic violence (Civ. Code § 1942.5, subd. (a)), and no provision specifying a lessor may prevail even if acting in retaliation “if the notice of termination [of a tenancy...
...from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant . . . change the terms of the lease . . . .” (Civ. Code, § 827, subd. (a).) But some rent control...
...dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), ... if the notice of termination ... states the ground upon which the lessor, in good faith, seeks to...
...2) that the proper notice was served in accordance with section 1162;7 and (3) that defendant continued to use the premises for an unlawful purpose after expiration of the period stated in the notice. (§ 1161, subd. 4.) At issue...
...Nowhere in his declaration does Myers assert that he confirmed his understanding of appellant’s move-in date with Karaoglanian during the five-month period between the notice of rent increase and the date of trial in the unlawful detainer...
In 1979, the Legislature repealed section 1942.5 and reenacted it with provisions that extended the time period during which a tenant is protected from retaliatory eviction and that enlarged the prohibited forms of retaliation. (Stats. 1979, ch. 652, § 2...
...tenant by proceeding with an eviction based on the existence of domestic violence (Civ. Code § 1942.5, subd. (a)), and no provision specifying a lessor may prevail even if acting in retaliation “if the notice of termination [of a tenancy...
...tenant by proceeding with an eviction based on the existence of domestic violence (Civ. Code § 1942.5, subd. (a)), and no provision specifying a lessor may prevail even if acting in retaliation “if the notice of termination [of a tenancy...
...In sum, the court did not expressly address whether the partial payment, submitted after expiration of the three-day notice period but before the filling of the complaint, and plaintiff’s acceptance and purported failure to return the payment constituted...
...The following day, he filed an amended answer which alleged various affirmative defenses, including that the notice overstated the amount of past-due rent, and that the eviction failed to comply with several provisions of the Los Angeles Rent Stabilization...
In 1979, the Legislature repealed section 1942.5 and reenacted it with provisions that extended the time period during which a tenant is protected from retaliatory eviction and that enlarged the prohibited forms of retaliation. (Stats.1979, ch. 652, § 2...
...eviction proceedings in state court." They state that "tenants can contest eviction proceedings (i.e., defend an unlawful detainer action) on the grounds that the post-foreclosure owner has not complied" with the PTFA's requirement to provide notice or...
...properly served with written notice to pay rent or quit the premises of at least three days, and the tenant failed to pay rent or quit possession of the premises after expiration of the notice period. (Code Civ. Proc., § 1161...