Legal Question in Landlord & Tenant Law in California

Re: eviction

Read the self-help website from the statehttp://www.courtinfo.ca.gov/selfhelp/other/landtenqa-ten.htm

As to code violations, the answer is no.

As to how long, anywhere from one week to five or six weeks, after being served with an unlawful detainer.

Re: eviction

You may give a tenant a three-day notice to quit or pay. If the tenant tenders the money within the three days, you have to accept it. If not, then you file an unlawful detainer lawsuit, and it could take usually two weeks to get a trial date, and another few dayst for the sheriff to effect the lockout.

Sometimes landlords find it worthwhile to offer to PAY the tenant something to get out, to avoid the hassle of retaining a lawyer, going to court, the sheriff, etc.

Depending on the "code violation" in the unit, that could be problematic. If the tenant is withholding rent because there's no hot water, heat, or bathroom facility, more than likely that should be repaired and the rent should be prorated for the time the tenant didn't have the essential service. If the code violation is something minor, that shouldn't preclude you from collecting your rent or evicting the tenant. Please let me know directly if I may be of further assistance.

Re: eviction

You mean explain to you the entire body of landlord-tenant eviction law? There are attorneys who specialize in evictions who have spent years developing their knowledge and skills in this area. I strongly suggest you do not try to do this yourself for many reasons, including that mistakes in this area can have severe consequences. Some tenants try to sue their landlords for a lot more than their actual damages for a "wrongful eviction." I practice landlord tenant law, and if you are interested in hiring me, I have an hourly rate and will need a retainer up front.

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