Landlord/Tenant and Eviction Attorneys Santa Cruz County
The law firm of Dawson, Passafuime, Bowden & Martinez represent clients in Santa Cruz County in all aspect of landlord/tenant and eviction law.
Landlord and tenant law governs the rights of both landlords and tenant. Tenants have the right of control over their leased property and residential tenants also have the implied covenant of quiet enjoyment (living in their property without constant interference). Conversely, landlords also have rights such as timely payment of rent. Different rules can apply in commercial tenancies and the courts are more open to the landlord and the tenant agreeing to lease terms that would not be allowed in a residential tenancy.
Either the landlord or the tenant can sue for breach of the lease or rental agreement if the other party has violated the lease agreement and the prevailing party is generally awarded money damages. Additionally, the landlord can initiate an unlawful detainer action (an eviction) for a variety of reason, including non-payment of rent. At the conclusion of an eviction lawsuit, the prevailing party is entitled to possession of the rental premises among other remedies.
An essential prerequisite for an unlawful detainer lawsuit is to serve the proper notice (3-day, 30-day, or 60-day) and courts are very particular about the contents of the notice. Special rules apply when the tenant is receiving public assistance (i.e., Section 8) or lives in a mobile home park. Common defenses raised by tenants in an eviction include alleging a breach of the warranty of habitability and retaliatory eviction. Other landlord-tenant issues include renewal of lease, subleases, payment of security deposits, rent control, and discrimination.
At Dawson, Passafuime, Bowden & Martinez, our real estate lawyers can help you draft or review your lease agreement to ensure you are adequately protected. Our attorneys can also evict a tenant by giving proper notice and initiating an unlawful detainer action.