The Law Office of Aaron Kohanim has extensive experience with the Burbank Rent Control. With extensive laws under Rent Control laws, an experience attorney is needed in order to win an unlawful detainer case.
Call Us Now! To initiate an unlawful detainer. With a simple eviction form, we can create and serve an eviction notice on your behalf and initiate the process.
For a nonpayment of rent case in Burbank Rent Control Properties, a landlord must follow these steps:
Starting an eviction for nonpayment of rent in Burbank, California, requires strict compliance with California Civil Code § 1946.2, as well as adherence to procedural safeguards set by the Code of Civil Procedure and any local ordinances. Below is a guide to initiating the eviction process for a tenant who has failed to pay rent, along with reasons why landlords should consider hiring legal counsel.
1. Confirm the Property is Subject to Statewide Just Cause Rules
Under Civil Code § 1946.2, properties in California must meet specific requirements for just cause evictions after a tenant has lawfully occupied the unit for 12 months. This includes evictions for nonpayment of rent, which is classified as “at-fault just cause” under subdivision (b)(1)(A).
Exemptions: Some properties may be exempt, such as:
- Single-family homes with proper exemption notices,
- Units where the owner lives in one of the units of a duplex,
- Certain newly built properties (with a certificate of occupancy issued within the last 15 years),
- Or properties governed by a local ordinance providing more tenant protection.
If a property is exempt, the exemption notice must be properly disclosed in the lease as required by § 1946.2(e)(8) and (f).
2. Prepare and Serve a Proper 3-Day Notice to Pay Rent or Quit
If the tenant has defaulted on rent, you must serve a 3-Day Notice to Pay Rent or Quit in accordance with Code of Civil Procedure § 1161(2). The notice must:
- Accurately state the total amount of rent owed (excluding late fees or other charges),
- Provide the name, address, and method of payment (in person or by mail),
- Be served in a manner compliant with CCP § 1162.
Importantly, strict compliance is required. A minor error in amount, notice language, or service method can render the notice defective, which is grounds for dismissal of the unlawful detainer.
3. Wait the Full 3-Day Notice Period
The 3-day period starts the day after service. If the tenant fails to pay the full amount within this period, the landlord may file an unlawful detainer complaint in Los Angeles Superior Court.
4. File an Unlawful Detainer Action
We as a lawfirm prepare and file the unlawful detainer action on your behalf and represent you in court.
5. Serve the Tenant
The tenant must be personally served with the summons and complaint, or substituted service must be used if personal service fails. Follow CCP § 415.10–415.20.
6. Await Tenant Response or Seek Default Judgment
If the tenant does not respond within 10 court days, you may file a Request for Entry of Default and Clerk’s Judgment for Possession. If they respond, a trial will be set within 20 days.
7. Obtain Writ of Possession and Schedule Lockout
Once judgment is entered, request a Writ of Possession (EJ-130). The sheriff will serve a 5-day notice to vacate, after which a physical lockout may be conducted.
Why a Landlord Should Hire an Attorney
Eviction law in California, especially under Civil Code § 1946.2, is complex and subject to strict procedural rules. Here’s why legal representation is essential:
1. Strict Compliance Is Required
Even small errors in the notice or service can void the entire case. An attorney ensures compliance with all notice, service, and pleading requirements to prevent dismissal.
2. Defense Strategies Are Sophisticated
Tenants may claim:
- Habitability defenses,
- Improper notice,
- Exemption misstatements under § 1946.2.
A skilled attorney can anticipate and counter these defenses effectively.
3. Local Ordinance Compliance
While Burbank does not currently have rent control, if a tenant claims protections under other state or federal statutes, an attorney can quickly evaluate and respond.
4. Speed and Efficiency
Time is money. Delays due to procedural errors or misfiled documents are costly. A lawyer streamlines the process and protects your investment.
5. Avoiding Liability
Improper evictions may result in statutory damages, attorneys’ fees, or punitive damages under § 1946.2(h). Legal counsel minimizes these risks.
Schedule a consultation today to ensure your eviction for nonpayment of rent is legally sound and procedurally compliant.
Contact the Law Office of Aaron Kohanim today to schedule a consultation. You can call us at (310) 861-7506. If you prefer to send a quick message, visit our Contact Us page.
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