The legal rules pertaining to Landlord/Tenant disputes are detailed in California’s Civil Code, and the courts strictly abide by them. The 3 day or 60 day notice to terminate must be accurate and served in a proper manner with a proof of service prepared and filed if necessary; if not done correctly, the tenant can win an unlawful (eviction) detainer case based on technicalities.Likewise, the summons and complaint, as well as notice to other occupants must be prepared, filed and served in the proper manner. The answer in the eviction case denying allegations along with affirmative defenses including paid rent, discrimination, uninhabitable conditions etc. is filed with the court. In a very short time period, the case is set for trial (or default hearing if no response filed). If not done correctly, the tenant will win and the landlord will need to start the process again. So, it is important and cost effective to do it correctly the first time – preferably with the assistance of counsel.
