Carrillo Davalos is experienced in the nuances of landlord/tenant litigations, ranging from premises liability mold claims to unlawful detainer prosecution and defense. Renting or owning a rental property presents a myriad of legal obligations and risks that are inherent in our landlord/tenant legal structure in California.
Brian Davalos opened the Carrillo Davalos Landlord/Tenant Department after his experience working in San Francisco’s volatile and controversial housing market in 2012. After experiencing the rewarding nature of representing both landlords’ and tenants’ rights, he moved to Stockton and was retained by a large apartment complex.
Being proactive is the best strategy in landlord/tenant litigation. Carrillo Davalos aggressively pursues its clients goals from the inception of the landlord/tenant relationship through the forming of a lease agreement, through the enforcement of an unlawful detainer judgment.
I demanded rent that was overdue and now my Tenant is complaining about the conditions of the apartment, what should I do?
Try to limit your communication with your client to writing, this will be important evidence in your case. Preserve all written evidence of communications and correspondence between Landlord and Tenant. The evidence you provide will make or break your case. In cases of nonpayment of rent, a tenant sometimes has the right to withhold their rent until certain repairs are made. An experienced attorney is necessary to determine what can be fixed and if you can remedy the situation.
The best policy is to reach out to an experienced attorney immediately to determine the best course of action and whether you will have a defense if an unlawful detainer lawsuit is filed. A 3 Day Notice gives a tenant a limited amount of time to react to what may lead to an unlawful detainer lawsuit.
My tenant has been threatening other tenants who are now telling me to get rid of the problem tenant or they will leave. What can I do?
Minimize your liability. In most cases a tenant who is causing problems is harmless and the issue can be resolved through proper correspondence and mediation. However, if you allow a problem tenant to remain as a landlord or landlord’s agent you can expose yourself to potential lawsuits if not dealing with such problems diligently.