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San Francisco Unlawful Detainer Lawyer
Unlawful Detainer Lawsuit
Successful landlords know the importance of following the landlord-tenant law. On the other hand, a responsible tenant must obey the tenancy rules specified on the lease or rental agreement. Failure to do so may lead to termination of the tenancy contract and eviction.
A landlord may decide to evict a tenant for various reasons. Eviction may occur due to- the tenant’s non-payment of rent
- Property damages,
- Violation of the lease or rental agreement
- Criminal or illegal activity
- The landlord wants to take possession of the rental property
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- Working electricity
- Sufficient hot water during cold weather
- Sturdy roof, floors, and walls
- Reasonable protection from criminal intrusion
- Up-to-date conformity to building codes
- Smoke and carbon monoxide detectors
- No significant danger from environmental hazards (such as lead, asbestos, and mold)
An unlawful detainer is an eviction proceeding that allows a landlord to regain possession of the rental property. It refers to tenants who continue to live in a rental property even after their lease agreement has been terminated or expired. These tenants are fully aware that they have no legal rights to stay in the rental property but refuse to leave the premises even after a Notice to Vacate is served.
There are legal steps you can take to get these tenants out. A seasoned eviction lawyer in San Francisco can help you understand what an unlawful detainer is and the process of filing the eviction lawsuit to get the tenant out of your rental property.
Here are some of the common reasons a landlord will file an unlawful detainer lawsuit:
- The tenant fails to pay rent on time
- The landlord cancels the lease agreement
- The tenant refuses to leave even after the lease expires
Tenant Voluntarily Moves Out
Tenants may choose to respond to the summons by simply moving out of the rental property voluntarily. This is the most expected response that the landlord expects from the renters. This can happen if your tenants realize that you mean business and decide to move out before further legal action is taken against them.Tenant Answers and Contests Unlawful Detainer
If the tenant contests the unlawful detainer within the grace period, they will send a copy of the response to the landlord and the court. The allegations will then be contested, and a trial date will be scheduled within 30 days. The tenant has to pay a court fee or request a fee waiver to file the response formally. A competent San Francisco eviction lawyer can help you prepare against the possible defenses that a tenant may have available to them in an unlawful detainer action.Tenant Does Not Respond
If the tenant does not properly answer the complaint within the given time, a default judgment may be entered against them. Failure to respond to the unlawful detainer leads to an automatic ruling in favor of the landlord. For a default judgment to be issued against the tenant, the owner must officially apply for a default.Hire an Eviction Lawyer Today!
Landlord-tenant law is complex and constantly changing. Whether you’re the landlord or the tenant, it is your responsibility to know your rights and duties. You need to understand how to evaluate your situation and understand how the state laws apply to you.
If you are involved in an unlawful detainer claim, it is highly recommended to consult our experienced San Francisco unlawful detainer attorneys at Steven Adair MacDonald & Partners, P.C. Our real estate law firm will protect your legal rights as a landlord and will represent you in court, as needed. We will ensure that your trial is fair and that all relevant information on your case is presented in your defense. Call us now at (415) 991-6078 and schedule a consultation.Latest Posts
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“The truth is, 99 percent of cases do not go to trial. The two sides eventually come to an agreement and settle. We know this from the thousands of cases we have handled. Therefore, we critically analyze our client’s situation to see if we can help them find an agreement earlier rather than later. The difference will mean enormous savings in time and legal fees.
We will do everything in our power to successfully resolve your landlord-tenant case or real estate dispute in as little time as possible. We have the resources to take on complex real estate cases and the size to keep you from becoming more than just a case file.”
Steven Adair MacDonald
& Partners, P.C.
& Partners, P.C.
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let yours be heard.
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