Landlord Tenant and Unlawful Detainer

In most property rental arrangements, a clear lease contract between landlord and tenant, which all parties have read carefully and understand, typically eliminates the need for a landlord tenant attorney or unlawful detainer attorney. However, in many instances, the lease is not clear or one of the parties is simply not complying with contractual obligations or duties to the other party. Some common examples include a tenant not paying rent, a landlord not immediately repairing an unsafe condition and many others in between. Oftentimes, small problems can compound themselves into much bigger problems when the parties withhold rent or services from one another. In most of these cases, the first legal action is taken by the landlord in the form of an unlawful detainer lawsuit. If you are involved in a landlord tenant dispute or unlawful detainer litigation, the Los Angeles real estate litigators at McFarlin LLP can represent your interests and protect your rights.

What Are Common Landlord Tenant Issues?

As mentioned above, it is often initially small issues between landlord and tenant that cause unlawful detainer actions. Some common issues that create landlord tenant disputes include the following:

  • Tenants failure to pay rent
  • Landlords failure to repair the property
  • Disputes over utilities
  • Parking issues
  • Security deposit disputes
  • Maintenance of the property
  • Lease extensions
  • Damage or destruction

Frequently, a tenant will become unhappy with the condition of some aspect of the property, or the failure of the landlord to repair the property, and decide to withhold rent. This can be acceptable under some circumstances and not acceptable for others. Contrast toxic mold creating a hazardous environment vs. a tenant unhappy with the gardener. In any event, it is helpful, and often critical, to have the representation of a skilled landlord tenant attorney to assist you.

Post Foreclosure Eviction or Unlawful Detainer

An unlawful detainer (UD) action filed after a foreclosure is similar to a typical unlawful detainer with a few distinct defenses that can be raised. When the person in the property is the former owner, the process is very similar. Former owners like to raise issues about the unfairness or unlawfulness of the foreclosure itself, but unfortunately, judges rarely care about such issues in the unlawful detainer court. The reason is that the unlawful detainer process is limited to determining who is entitled to possession of the property presently. The manner in which that party came to be the owner is not something UD judges want to get into. That battle would be in another court. Nonetheless, there are often defenses that can validly be raised for a former owner to have an opportunity to sue in Superior Court or to get more time to move in an orderly fashion. Additionally, the process can be slightly different when the lender, or beneficiary, took the property back at the foreclosure sale (no bids), as compared to a third party purchaser who is the plaintiff in the UD action.

Landlord Tenant and Unlawful Detainer Attorneys

A landlord tenant or unlawful detainer matter always has a short timeline. All deadlines are shortened and so you must act quickly. At McFarlin LLP, we our skilled landlord tenant attorneys litigate all types of real estate matters. We understand exactly what judges are looking for in an UD case, and how to best represent our clients’ interests. Whether you are a landlord or a tenant, our real estate litigators will protect your rights, and find you the best solution. We provide cost-effective, creative solutions. Call us today for a free case evaluation and analysis (888) 728-0044.


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