You might be surprised to learn that the U.S. and California Constitutions both contain clauses that unequivocally prohibit any law – whether state, local or administrative – from “impairing” contract rights between two parties. This clause is called the “Contract Clause,” and it is supposed to protect contract rights – including in private contracts –…
The California legislature recently: 1) enacted its first ever statewide rent increase cap; and 2) now requires landlords to provide “just cause” for evictions. AB 1482 – The “Tenant Protection Act of 2019” became effective January 1, 2020 and remains in effect until at least January 1, 2030. It impacts at least 8 million renters…
Eviction of Former Owner Not all eviction cases involve tenants. In some cases, an unlawful detainer can involve the eviction of the former owner. This can come up in two situations. In one scenario the former owner has sold the house and refuses to vacate. There is also the situation where the premises have been…
The Rent Stabilization Ordinance (RSO) allows a landlord seeking in good faith to recover possession of a rental unit for use and occupancy as a primary place of residence for the landlord, the landlord’s spouse, grandchildren, children, parents or grandparents or resident manager.