Overview
The Law Office of Howard L. Hibbard has a longstanding history of effectively resolving issues between landlords and tenants through both negotiation and legal action. Further, our attorneys are well versed in the eviction proceeding requirements for all local Bay Area counties and represent both landlords and tenants in eviction proceedings on a case-by-case basis. For landlords who are considering evicting a tenant, please visit our Fixed Fee Services page for eviction cost. In addition to evictions, our attorneys can assist clients with drafting customized residential and commercial lease agreements and negotiating of rental terms. To arrange a free consultation with one of our attorneys to discuss issues related to rental agreements, habitability issues or evictions, please contact us.
General Information about Landlord / Tenant Issues
Existing Lease Agreements
Issues that arise between Landlords and Tenants with existing please are generally governed by the terms of the lease agreement or the conditions of the property. Landlord / Tenant issues are strictly governed by State and local laws. For residential leases, there are strict statutory controls which vary by County. For example, included in all residential leases, regardless of what the agreement states in writing, is the implied covenant of habitability which dictates that the property must adhere to basic requirements of human habitability. For more information regarding Leases, please visit our Leases and Sale Agreements page.
Preparation of Lease Agreements
Drafting effective and comprehensive lease agreement can save both landlords and tenants time and money. Commercial lease agreements are distinctly different than residential lease agreements and, depending on the particular nature of the property, customized lease agreements are often needed. Multiple websites purport to have form lease agreements; however, depending on the Local and County laws, more specific and tailored agreements may be necessary. For more information regarding Leases, please visit our Leases and Sale Agreements page.
General Information about Evictions
California law provided that a landlord who wishes to terminate a month-to-month tenancy must provide Notice to everyone who is living at the Property. Strict procedural requirements exist for a valid eviction to occur. If the procedural requirements for notice are not met, the Court may dismiss the landlord’s Complaint. It is important to consult with an attorney prior to initiating eviction proceedings to ensure that you are complying with Notice requirements. There are multiple types of Eviction Notices outlined below.
Types of Eviction Notices
A 3-Day Notice to Pay Rent or Quit is used when the rental period is designated in the lease, i.e.: 6 months or 1 year term. A 3-Day Notice is used for failure to pay rent or comply with any other term of the lease agreement. A 3-Day Notice is either personally served to the tenant or posted at the rental unit and mailed by a landlord to the tenant who fails to make rent payments or comply with the lease. Following service of the 3-Day Notice, a tenant will have three (3) days to either make payment of the rent due or leave the rental premises. If the tenant does not make payment or leave the premises, the Landlord can file an Unlawful Detainer action in Superior Court against the Tenant to regain possession of the property.
A 30-day Notice to Terminate is generally used for a month-to-month or “at-will” tenancy. Upon service of the Notice to the tenant, the tenant will have thirty (30) days to leave the rental property from the date of the Notice. During the 30-day period, the Tenant is responsible for paying the rent. If a tenant fails to leave after the thirty (30) days have passed, the Landlord can file an Unlawful Detainer action against the Tenant in Superior Court to regain possession of the property.
A 60-day Notice to Terminate is generally required for tenants who have resided at a rental property for one (1) year or more. In some instances, if certain requirements are met, a 30-day notice may be sufficient for such a rental agreement, particularly if the Landlord/Owner has contracted to sell the rental property to a bona fide purchaser.
It is important to discuss the eviction notice requirements with an attorney if you are uncertain what type of Eviction Notice to use. Improper Notice may have time consuming consequences.
Unlawful Detainers
An Unlawful Detainer refers to the unlawful possession of a tenant of rental premises after either: (1) the term of the lease has expired or (2) the tenant illegally fails to pay the agreed upon rent. A landlord, following proper service of an Eviction Notice (as discussed above) may file an unlawful detainer lawsuit against the tenant to regain possession of the property and for any unpaid rent or other damages. The lawsuit must be filed in the County where the leased property is located. The requirements for an unlawful detainer action vary by County and it is important to discuss the requirements with an attorney prior to filing.
Services We Provide
The Law Office of Howard L. Hibbard provides a variety of services, on a case-by-case basis to our clients, including, but not limited to: (1) evaluation on a case-by-case basis of the viability the claim, assessment of probability of success and determination of appropriate course of action; (2) consultations, phone calls, and status letters or e-mails to clients, (3) preparation of all necessary notices, pleading and other documents; (4) legal research as necessary, (5) preparation of all trial/hearing exhibits and witnesses, (6) court or administrative hearing, arbitration and/or trial representation, (7) service of papers and court filings. The Law Office of Howard L. Hibbard is well versed in California real estate law and the landlord/tenant laws of the local Bay Area counties. If you have questions regarding a landlord / tenant issue, please contact our office for a free consultation: contact us.