An unlawful detainer can be a scary process for both landlords and tenants alike. This first part of my two-part blog post regarding unlawful detainers will focus on the important aspects for all tenants. Unlawful detainers, or evictions as many of us know them, can be a very personal situation due to the fact that it deals with an individual’s home. As such, if you rent an apartment, an eviction notice can generate a lot of emotions, so I highly recommend paying close attention to each of the following five critical tips.
Know Your Rights
It goes without saying, but take some time to know your rights as a tenant. If you live in the Los Angeles area, it is important to know that you live in one of the most pro-tenant friendly justice systems in the country. I know the law is still the law, but Los Angeles has enacted laws and codes that make evictions far harder than other parts of the country, or even the state of California. Additionally, we no longer live in the Dark Ages of no internet. As many of our younger readers, and a growing number of our older readers know, we live in a time where access to information is at our fingertips. In fact, it takes no time to look up the current law within your municipality and at least have an idea of your rights as a tenant. Take the twenty minutes and do a little research next time you are on the couch watching the Big Bang Theory or the Dodgers game.
Keep Good Records
Though a rather simple task, tenants often times do not keep as good of records as Landlords do. As a tenant, it is important to keep a file of your rental history. By rental history, I mean all the different information relating to your lease and tenancy. Starting with your actual lease, it is important to understand that it represents a contract between both parties involved, instilling all of your rights and duties as a tenant. In addition, anytime a credit check is conducted, ask for a the [potential] landlord or leasing agent for a copy the report for your own records. Also, always ask for a copy of any addendums you may have signed, or if you are a long-term tenant, any changes in your tenancy, such as rent increases, parking contracts, or other legal contracts you may have signed or initialed.
The second important document to keep is a copy of all your checks and payments made dealing with your tenancy. I know most people have a checkbook that makes one carbon copy of what you write, but often times the copy is not very clear. Take the extra step to make a copy of every check you send into your landlord, as it will make life a lot easier if any problems ever come up regarding rent payment. Additionally, if you do not pay your rent by personal check, and rather, pay by money order or cash, it is important to keep a copy of said money order, or have some sort of receipt that memorializes a cash payment of rent. As a friendly reminder, payment of rent by cash should only be a last minute resort, as checks are always a better method of payment for tenants. I cannot begin to tell you how many times an unlawful detainer action revolves around unpaid rent issues. As a tenant, always take the necessary steps to protect yourself and have a record of all payments you made to your landlord, no matter of what form it was in.
The third type of document you should keep in your records is any and all communications you have had with your landlord over the course of your tenancy. As many know, we live in an overly litigious world and it is always a good idea to memorialize any communication you may have had with your landlord or apartment manager. Now I do not want to suggest it is a good idea to be a robot and eliminate all oral communications with your landlord or manager, but it is a necessary step to send a follow-up email after you discuss something with them. Something as simples as “Hi [Manager/Landlord], It was great seeing you today. I just wanted to thank you for having someone come and look at the leaky tub this week. Best, Tom Tenant”. Not only does this memorialize the problem that you had with your apartment, but it gives your Landlord/Manager an easy reminder to schedule the maintenance work. Furthermore, this avoids any confusion about the problem with the apartment, as many things can get messed up when you are casually speaking to someone. Also, it never hurts to take and attach a photo of the problem to the email. This again showcases the severity of the problem, but also allows the Landlord/Manager to see the issue and show it to his building specialist, which ultimately will get the problem fixed quicker.
Make Sure Notice is Proper
Before a Landlord can file an Unlawful Detainer action against you, they must first serve proper notice of their alleged problem with the tenant. The importance of notice requirements allows breaching tenants with the opportunity to cure (or remedy) the problem they are causing.
Proper notice includes a legitimate reason for serving the notice on the tenant, as well as all pertinent information on how to cure or solve the problem. Such information includes, but is not limited to, the amount of money owed to landlord for rent, specific reasons for eviction, and the address, times, or business a person can report or show proof of the alleged breach to their landlord (such as an address, business hours, phone number and even an email address). Additionally, unless personally served (documents handed to you or someone you live with over the age of 18,) any notices you allegedly receive generally have to also be sent by certified mail. This serves as proof that notice was actually sent to the tenant in a timely fashion.
Service of the Unlawful Detainer
Speaking of proper service, this section focuses on how the Unlawful Detainer is given to the tenant. Specifically, service can be achieved in three ways: Personal Service, Substitute Service, and Service by Post and Mail.
- Personal service: This type of service is the strongest and easiest to prove. Personal service means that the person serving the Unlawful Detainer physically handed the paperwork to the person named in the complaint or notice. Generally, those serving personally try to get the person to sign the document to acknowledge receipt of the papers, though a certified process server who verifies personal service is rather conclusive in the court’s eyes.
- Substitute Service: This type of service is also very strong in the court system’s eyes because like personal service, the paperwork was actually given to a person. Although the person who receives the paperwork may not be the person named in the complaint, a physical person has received the documents. Naturally there are some special rules to this type of service, namely that any paperwork be given to a person that is at least 18 years old and cognitive of what they are being given. More importantly, substitute service can be met at both a person’s residence or place of business.
- Service by Post and Mail: Although this type of service is considered the “weakest” by the courts, it is still legally valid as long as you take the proper steps and verify that you have taken them. Here, service must include posting a copy of the notice on their door and send a copy to tenant by certified mail. Keep your mail receipt and take a picture of the notice on the door posted. After you take the picture on your smartphone, email it to yourself so you have a time stamp on it.
Talking to an Attorney
I know it should go without saying, but anytime you are faced with a legal issue, and sadly an unlawful detainer / eviction is a legal issue, it is in your best interest to consult with an attorney who focuses on real-estate law. Though our juridical system includes self-help desks which allow tenants to respond to unlawful detainer actions pro per, or without legal representation, it is always in the best interest of tenants to protect their sanctuary with help from legal professionals. Tenants that take such steps generally have a better opportunity of a negotiated agreement to stay in their homes.
I sincerely hope this gives guidance to renters out there on insight of how the unlawful detainer, or eviction process, works. I know going through such a situation can be extremely stressful, but if you did nothing wrong and have kept good records, it is generally hard to evict a tenant, particularly in Los Angeles.
As always, if you have any further questions, feel free to contact one of the helpful attorneys at the Lipton Legal Group. Stay tuned for Part-Two of this series for tips for landlords!
-Kevin Lipton, ESQ
Managing Partner – Lipton Legal Group, A PC – Beverly Hills, CA