How long does it take after an eviction trial for a Sheriff lockout to occur?

Answer: Approximately 7 to 10 days. The process is as follows: After the court enters a judgment for possession of real property, the landlord may obtain a writ of possession from the court clerk by submitting a written request and paying $25. The writ of possession is then forwarded to the Sheriff along with Sheriff's instructions and a $145 fee. The Sheriff then posts a notice on the premises giving the occupants 5 days to vacate. If the occupants fail to vacate within the 5 day period, the Sheriff will conduct a lockout and place the landlord in peaceful possession of the premises. At the time of the lockout, the Sheriff will provide the landlord with a receipt for possession of the premises.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

In an eviction action for non-payment of rent, is the landlord required to prove that the tenant actually received the Three Day Notice To Pay Rent Or Quit?

Answer: No. It is enough that the landlord properly served a Three Day Notice To Pay Rent Or Quit in accordance with applicable law (i.e. by personal service, substitute service, or nail and mail). The landlord is not required to prove that the tenant actually received the notice. On the other hand, proof that the tenant actually received the notice cures any defect in service of the notice. These principles are also applicable to other types of notices that may be served by a landlord such as notices to perform covenant or quit, notices to quit, and notices of termination of tenancy.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Does a landlord need to serve a Proof of Service along with a Three Day Notice to Pay Rent or Quit?

Answer: No. The landlord is not required to serve a Proof of Service along with a Three Day Notice to Pay Rent or Quit. However, after the notice is served, the person serving the notice should complete and sign a Proof of Service. If an eviction action becomes necessary, then the landlord can present the Proof of Service at the trial as a business record to establish the date and manner of service. Although technically not required, submitting a Proof of Service at trial is the standard practice and expected by the Court.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Foreclosing Lender Required To Attempt to Ascertain Identity of Any Tenants Occupying Foreclosed Real Property

Court holds that a foreclosing lender may potentially be liable to for interference with the implied covenant of quiet enjoyment where the lender failed to take steps to ascertain the identity of any tenants, never asked for a copy of the lease, never determined whether the tenants had the right to continue occupying the property, and unreasonably failed to inform or misinformed the police as to the tenants’ right to occupy the premises, which resulted in tenants being prevented by the police from accessing the property. (Nativi v. Deutsche Bank Nat'l Trust Co. (2014) 223 CA4th 261)

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Government Notice to Vacate Due To Substandard Conditions Does Not Terminate Lease

A property deemed “substandard” under the State Housing Law does not affect a tenant’s rights under the tenancy. Thus, where the enforcing agency posts a code enforcement notice—or “red-tag”—requiring that the property be vacated due to its “substandard” condition, the tenancy survives the red-tagging and the lease is not terminated. (Erlach v. Sierra Asset Servicing (2014) 226 CA4th 1281)

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Bankruptcy Case Filed After Entry of Unlawful Detainer (Eviction) Judgment Does Not Stay Sheriff Lockout

In cases filed on and after October 17, 2005, a tenant's bankruptcy filing does not stay eviction under an unlawful detainer judgment obtained before the filing with respect to residential property in which the tenant debtor resides as a tenant under a lease or rental agreement. (11 USC § 362(b)(22))

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Initial Term of HUD-VASH Section 8 Voucher Tenancy Can Be Less Than One Year

Under the HUD Section 8 Voucher Program, the initial term of the lease is generally required to be at least one year. However, this requirement does not apply to the HUD-Veterans Affairs Supportive Housing (HUD-VASH) program. The HUD-VASH program combines Housing Choice Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs (VA). VA provides these services for participating Veterans at VA medical centers (VAMCs) and community-based outreach clinics. To provide a greater range of housing opportunities for HUD–VASH voucher holders, initial leases may be less than 12 months.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.