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REAL ESTATE LAW OVERVIEW
The term real estate generally refers to ownership or use of land. Real estate law is a branch of civil law that covers the right to possess, use, and enjoy land and the permanent man-made additions attached to it. Real estate law directly or indirectly impacts most of us daily, affecting homeowners, renters, landlords, home buyers and home sellers.
Our firm can help you with transactions related to real estate law and also real estate litigation such as:
- commercial and residential lease agreement drafting;
- construction defect litigation,
- home improvement contract litigation,
- landlord tenant relations including unlawful detainer cases(eviction).
- title dispute;
The most common are we practice is landlord-tenant disputes which is an area that anyone can relate to whether it is as landlord or tenant of a commercial or residential lease agreement, based on disagreements. A landlord-tenant relation dispute can lead to an unlawful detainer action, known as eviction procedure. Such action must follow certain steps. A landlord cannot simply remove someone physically that is why legal consultation and representation is important for both parties, landlord and tenant.
An Unlawful Detainer action is a special court proceeding. It is a legal way to evict someone from the place where they live or work. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent.
DISAGREEMENT HAS TO BE ABOUT THE TENANT MOVING OUT:
An Unlawful Detainer decides if the landlord can take the property back from the tenant. The landlord is the plaintiff. The tenant is the defendant.
ONLY THE SHERIFF CAN PHYSICALLY EVICT SOMEONE:
If the landlord wins the case, they will get a “judgment” and the tenant has to move out. The Sheriff can enforce this judgment. This means the Sheriff can physically make the tenant leave.
A LANDLORD CANNOT EVICT SOMEONE THEMSELF:
You cannot evict someone yourself without going through the proper steps. It is against the law. Only the Sheriff can evict someone. That is why you may need an Unlawful Detainer.
Even if a tenant is months behind on the rent, the landlord cannot:
- Make the tenant move out,
- Get rid of the tenant’s possessions,
- Lock the tenant out,
- Cut off the water or electricity, or
- Remove outside windows or doors.
To legally evict the tenant through the process of an Unlawful Detainer, the landlord has to:
- Wait for the time period in the notice to end, and
- Get rid of the tenant’s possessions
- File an Unlawful Detainer action if the tenant does not do what the notice asks.
EXPEDITED PROCEEDING:
An Unlawful Detainer case is fast. Usually, the defendant has 5 days to file a response. You can have a trial 20 day after that. In general, the defendant cannot file a cross complaint (counter-sue).
HOW WE CAN HELP YOU:
We handle and file all required forms and petitions as required by each local court rules, whether you are a landlord or tenant defending an unlawful detainer action against you.