Bay Area Unlawful Detainer Actions
As specialists in landlord-tenant disputes, the attorneys at Bornstein Law offers clients counseling and representation in every phase of the unlawful detainer process.
An Unlawful Detainer is simply the legal process a landlord uses to evict a tenant for the tenant’s failure to pay rent or violate other covenants in the lease.
But the process can be anything but simple.
This requires meticulous attention to detail and procedural requirements must be followed to the letter.
As leaders in landlord-tenant disputes, the attorneys at Bornstein Law will ensure that all of the specialized documentation is prepared properly, unforgiving deadlines are met, and that you get the best advocacy in court.
Evicting a tenant is one of the most challenging and thankless, but necessary tasks of a landlord. Only the sheriffs can vacate a tenant in accordance with a court order known as an unlawful detainer judgement.
Daniel Bornstein and his team have been representing landlords in eviction disputes in and around San Francisco for over two decades. In his hard-won experience, he has identified five common reasons why an unlawful detainer action is not successful.
reasons many unlawful detainer actions run into a brick wall
Improper rent demand: One sure kink to a successful unlawful detainer action is demanding a higher amount of rent than is actually (and legally) due.
Drafting an improper 3-day notice to pay rent or quit: A recurring theme for our practice at Bornstein law is the epidemic of stale, outdated and bad documentation. Worse yet, some landlords have asked for late fees, which is prohibited under California law.
Failure to serve 3-day notice correctly: Assuming that the notice is otherwise proper, it must be served to the tenant correctly. Regardless of the merits of the case or the legality of the documentation, the 3-day notice must be served in accordance with the law.
Failure to correct habitability issues: Even if all other requirements are met, the tenant can claim that the unit is inhabitable. If the landlord fails to rectify any habitability issues of the premises, it will tank their ability to be successful in an eviction.
Mistakenly depositing a future rent payment: This is a cardinal sin for landlords, and by doing this, the landlord waives their right to proceed with the eviction.
We’ve only scratched the surface here, but suffice it to say that if you are contemplating an eviction, there are myriad issues that are best approached with Bornstein Law.
Well versed and experienced in San Francisco unlawful detainer suits, the eviction lawyers of Bornstein Law will minimize your risk by making sure your unlawful detainer action occurs properly and free from the many pitfalls that are all too common when landlords enter the foray without a competent real estate attorney.
Our San Francisco Real Estate Attorneys Will Be Privileged To Assist You.
For informed advice and additional insight about your legal options, please contact us today.