Navigating Evictions in Los Angeles
The Importance of Filing Requirements and Declarations of Intent
Evictions in Los Angeles are subject to strict regulations under the Rent Stabilization Ordinance (RSO) and the Just Cause Ordinance (JCO). Both landlords and tenants need to be aware of the crucial steps required to comply with these laws, particularly the Declaration of Intent to Evict and filing requirements with the Los Angeles Housing Department (LAHD).
Unfortunately, many landlords fail to meet these requirements, which can result in the dismissal of their unlawful detainer actions. On the other side, most tenants are unaware that a landlord’s failure to comply with these obligations can serve as an affirmative defense to an eviction. Navigating these complexities often requires the assistance of an experienced attorney.
The Declaration of Intent to Evict
For certain no-fault evictions, landlords are required to file a Declaration of Intent to Evict with the LAHD. This document is essential in cases such as:
Owner move-in
Appointment of a resident manager
Compliance with a government order
Withdrawal of the property from the rental market
Demolition of the rental unit
This declaration must be filed before serving the tenant with a termination notice. Additionally, landlords must pay relocation assistance to tenants as required by law.
Why is this important? Failing to file a Declaration of Intent to Evict can prevent landlords from succeeding in an unlawful detainer action. Courts take this requirement seriously, and non-compliance can result in delays, increased legal costs, or outright dismissal of the case.
Filing Requirements with LAHD
For all rental units subject to the RSO or JCO, landlords must file a copy of the Notice to Terminate Tenancy with the LAHD within three (3) business days of serving the notice on the tenant. This applies to both at-fault and no-fault evictions.
Consequences of Failing to File:
For Landlords:
Missing this step often results in tenants raising an affirmative defense in court. This defense can completely derail an eviction case, even if the underlying reasons for the eviction are valid.For Tenants:
Many tenants are unaware of their rights and that a landlord’s failure to file can be used as an affirmative defense. This is a critical aspect of eviction cases and can significantly impact the outcome.
Why You Need an Attorney
The eviction process in Los Angeles is layered with complex requirements, and a single misstep can have significant consequences.
For Landlords:
Our office can help you navigate the intricacies of filing requirements, including preparing and filing the Declaration of Intent to Evict and ensuring compliance with LAHD regulations. With our guidance, you can avoid costly mistakes and ensure your case is handled properly from the start.For Tenants:
If you’ve received an eviction notice, we can help you determine whether your landlord has met their obligations under the law. Failure to file with the LAHD can be a strong affirmative defense, and we’ll work to protect your rights and advocate for the best possible outcome.
Don’t Go It Alone
Whether you are a landlord or tenant, the eviction process is complex and full of pitfalls. Missing a key step, like filing the Declaration of Intent or Notice to Terminate Tenancy, can completely change the course of a case.
Our experienced attorneys understand the nuances of landlord-tenant law in Los Angeles and are here to help you succeed. Contact our office today for personalized assistance and peace of mind.
