This does not mean unpaid rent beyond the 12 months is unrecoverable, but it does mean that everyone needs to go back to court for another proceeding. Whereas an unlawful detainer is an accelerated trial -- 30 to 60 days -- a second action could take significantly longer depending on the amounts owed.
Even a renter's home is their "castle" under the law, which means strict procedures must be complied with in order to evict a tenant, especially when they have not done anything wrong. The Law Offices of Tara Burd can help you get it right the first time -- Contact us to discuss how we can help you reclaim your property.
If you are a landlord with a troublesome tenant in a term-lease agreement, consider alternative dispute resolution ("ADR"). Click here to learn more about what ADR means. Terminating a tenant locked into a lease agreement can put a landlord at risk for a breach of contract civil lawsuit in response. However, failing to evict tenants causing nuisance may expose a landlord to liability from the other tenants. ADR can potentially help you resolve your disputes faster and at a lower cost. With ADR, such as mediation, you can often negotiate issues that include setting noise or smoking area restrictions among tenants. These types of relief will not be afforded to you by a judge or jury. You do not have to go into mediation alone. Please Contact Us to discuss whether you would like an attorney to represent you in out-of-court dispute resolution.
For a guide on landlord tenant issues, visit the California Department of Consumer Affairs - Landlord/Tenant website.