Often times our clients come into one of our offices and would like to
tell one of the attorneys their story…
Many people go in length about the history of their tenancy and each of
us do our best to quietly listen.
If you watch courtroom shows on TV, you will often hear a lawyer say “Objection,
Relevance” and then hear the judge say “sustained.”
When a judge says “sustained” that means that the lawyer cannot
ask the question because it does not matter to the case.
If your tenant or landlord cheated on their elementary school tests…the
judge will not consider it as evidence nor will they care. They will just
be irritated. If prior bad acts of either landlord or tenant that are
not relevant to the case were raised in every trial, court and jury trials
would last longer than anyone could imagine.
In a Southern California Eviction (Unlawful Detainer) the relevant factors are:
Is there a landlord tenant relationship?
Does the tenant still have possession of the unit?
Around when did they get into possession of the premises?
Did they agree to pay rent, and if so, how much?
Was the agreement written or was it verbal?
What day of the month did the tenant agree to pay rent on?
Was the agreement with the landlord, an agent, or the former owner?
Did the tenant fail to pay rent, and if so why?
Did the landlord serve a PROPER notice to pay rent or quit or unconditional
notice to terminate the tenancy (30 or 60 day notice)?
Did the tenant pay the rent or vacate the premises?
No further questions need be answered during your consultation. Almost
daily we hear stories of supposedly unique situations. If your situation
is that unique. Filing an eviction might not be your best remedy and we
need the proper relevant facts to see if you possibly need a restraining
order, divorce, or civil lawsuit. Evictions are summary proceedings and
judges will not tolerate anything that holds the courtrooms valuable time.
Each and every eviction we have is unique but the elements are the same.
When you come into a consultation at one of our offices in Long Beach,
Garden Grove, or Laguna Niguel please make the most of your time. We want
the best result for every one of our clients and giving us the proper
facts is essential to us helping you succeed in your case.