Unlawful Detainer Law

Evictions—also referred to as unlawful detainer actions—are summary proceedings designed to resolve issues of possession quickly and efficiently for non-payment of rent or other specific reasons defined under California's ever-changing landlord/tenant laws. Whether you are a property owner or a renter, the lawyers at Huston | McCaffrey, LLP are devoted to successfully resolving each client's eviction case in an effective and affordable manner.

Protecting Tenants from Being Unlawfully Evicted

We know and understand the law and the techniques used to challenge unlawful detainer proceedings and, depending on individual client’s situations, resolve issues in a tenant's favor. Since every case is unique, we will examine every aspect of your case and build a persuasive argument for keeping you in your home.

Preserving Property Owners Rights

Our firm also handles tenant eviction cases for property owners faced with the lawful removal of tenants for a number of causes defined by the law. Our easy to reach attorneys will keep property managers and property owners well informed on the status of their cases and they can be confident that our well versed attorneys will be representing them at an unlawful detainer court trial, should the need arise. Our litigation effort, on your behalf, also includes seeking attorney fees as damages from the tenant to off-set your expenses.

The Unlawful Detainer Process

Typically the eviction process involves three phases: 1) Statutorily required notice is given to the tenant, 2) and unlawful detainer action is filed and leads to settlement or judgment after a trial (the far majority of bench trials take less than a day to resolve), and 3) enforcement of the judgment through a sheriff eviction, and through collection of money judgment.

The eviction process requires strict attention to the procedural timelines and requirements under California law. Whether you are a property owner or a tenant, important decisions must be made in a relatively short time.  The time between service of the unlawful detainer complaint on the tenant and resolution of the matter can be less than 30 days, although the process generally takes a little longer depending on what actions the tenant takes.

To minimize possible delays, property owners should be aware of important procedural requirements. There are strict requirements regarding the content of and service of statutorily required notice before an unlawful detainer action may be filed. Proper service and pleading is the best way to reduce the likelihood of delay. 
Of course, this all presumes that the landlord's claims of failure to pay rent or breach of lease terms are valid. If not, it may be that the tenants themselves desire a speedy resolution of the possession issues.

Costs and Fees

We do not see a point in nickel and diming our clients for every phone conversation. We believe that our clients shouldn’t hesitate to contact us for fear of excessive charges. We also do not believe in giving a low upfront fee and then later surprising our client with additional expensive court filing fees.

We offer free initial consultations, and in most cases we charge a flat fee of $875.00 (including filing and service charges) for prosecuting or defending an unlawful detainer action.

What Our Flat Fee Service Covers

For property owners, our service covers: preparing the initial statutory notice requirements, drafting the initial unlawful detainer complaint, filing it with the appropriate Superior Court, serving it on the tenant (additional fees may apply for additional tenants), opposing a demurrer (if one is filed) and appearing at the hearing, and a one day bench trial.

For tenants, our service covers: drafting a Demurrer to the Complaint filed against the tenant, filing it with the court (additional fees may apply for additional tenants), appearing at the demurrer hearing, if necessary filing an Answer, and a one day bench trial.

To learn more about eviction laws, your options, and for a free one hour initial consultation, contact us right away at (619) 800-1166 or email us.



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