The Law Office of Aaron Kohanim has extensive experience with the Torrance Eviction law. 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 Torrance Eviction Lawyer, a landlord must follow these steps:
When a tenant in Torrance fails to pay rent, a landlord may lawfully begin the eviction process under California Civil Code § 1946.2. This law requires landlords to follow specific rules before terminating a tenancy, especially for long-term renters. Torrance does not currently have its own local rent control ordinance with just cause provisions more protective than state law, so state law governs most evictions in the city.
Below is a summary of the legal requirements to start an eviction for nonpayment of rent in Torrance, and why hiring an experienced eviction attorney is not just helpful—but often essential.
1. Determine Whether the Tenant Is Protected Under Just Cause Eviction Law
Under Civil Code § 1946.2(a), if a tenant has lived at the property for 12 consecutive months (or 24 months total across different tenants), the landlord must have “just cause” to evict. One such cause is nonpayment of rent, which is considered an at-fault just cause under § 1946.2(b)(1)(A).
2. Serve a Legally Compliant 3-Day Notice to Pay Rent or Quit
If the tenant has failed to pay rent, the landlord must serve a 3-day notice to pay rent or quit, pursuant to Code of Civil Procedure § 1161(2). This notice must strictly comply with California law and give the tenant the correct amount of time and instructions to cure the violation. Under § 1946.2(c), the landlord must give the tenant the opportunity to cure before proceeding with eviction.
3. Verify If the Property Is Exempt from Just Cause Requirements
Some properties are exempt from Civil Code § 1946.2 protections, such as:
- Single-family homes or condos if a proper exemption notice is provided and the owner is not a corporation or REIT (§ 1946.2(e)(8))
- Duplexes where the owner lives in one unit
- New construction within the last 15 years
If exempt, the lease must include the mandatory statutory exemption notice; otherwise, the exemption is void and full compliance with § 1946.2 is required.
4. File the Unlawful Detainer Case in Court
If the tenant fails to pay during the notice period, the landlord may proceed with filing an unlawful detainer action in Los Angeles County Superior Court. The lawsuit must be properly prepared with:
- A valid complaint
- The original 3-day notice
- Proof of service
- A verified declaration of nonpayment
5. Why Hiring an Eviction Lawyer Is Essential
Eviction law in California is highly technical, time-sensitive, and strictly enforced. A small procedural error—such as an improperly worded notice, incorrect service, or missed deadline—can result in your case being dismissed, delayed, or counter-sued.
Here are specific reasons why hiring a Torrance eviction attorney is crucial:
A. Strict Compliance with Statutory Requirements
Per § 1946.2(g), any mistake in notice compliance renders the eviction notice void. A lawyer ensures all notices, dates, and statutory requirements (including just cause and exemption disclosures) are followed to the letter.
B. Protection from Tenant Lawsuits
Section § 1946.2(h) exposes landlords to actual damages, attorney’s fees, and even treble damages if the court finds the eviction was conducted in violation of the law. A lawyer protects against this liability by ensuring lawful compliance and avoiding missteps that could lead to punitive damages.
C. Faster, More Efficient Outcomes
Eviction cases move quickly. If the landlord misfiles paperwork, misses service deadlines, or improperly prepares for trial, the process can take weeks or months longer than necessary. An experienced lawyer knows how to get to judgment quickly, maximizing your chances of recovering possession fast.
D. Tenant Defenses and Legal Tactics
Tenants may assert defenses such as:
- Habitability claims
- Improper notice
- Discrimination
A skilled eviction attorney knows how to neutralize these defenses through pleadings, discovery, and trial preparation.
E. Representation in Court
If the case proceeds to trial or motion hearings, a landlord without legal representation is at a serious disadvantage. Eviction trials involve live testimony, legal objections, and application of the Evidence Code—areas where lawyers are best equipped to navigate.
Conclusion
Evicting a tenant for nonpayment of rent in Torrance requires more than just delivering a notice—it demands strict compliance with California Civil Code § 1946.2 and the California Code of Civil Procedure. Mistakes can lead to void notices, prolonged litigation, and even financial penalties.
Hiring an experienced eviction attorney protects your investment, expedites recovery of possession, and ensures compliance with all legal requirements.
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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