Landlord-Tenant Litigation
Mr. Cosio has handled landlord-tenant cases as an advocate representing either the landlord or tenant. A defense for housing discrimination is also available for either landlord or tenant. HUD Section 8 litigation is also handled. If a need arises to take a case to trial, Mr. Cosio has a long history of prevailing for his clients in his capacity as a trial attorney.
Unlawful Detainer and Evictions
Landlords know that tenants that fail to pay rent, but who remain in possession, render property unproductive and unmarketable. Anthony Cosio promptly takes steps necessary to evict such tenants so that your property can once again become productive. In addition, Law Offices of R. M. Anthony Cosio will pursue collection of past due rent and damages. There is no need to live with deadbeat tenants.
Notice for Termination With Cause
A landlord can terminate a California tenancy early and evict the tenant for a variety of reasons, including failure to pay rent, violating the lease or rental agreement, or committing an illegal act. Before terminating the tenancy, the landlord must give the tenant written notice. The reason for the termination will determine the type of notice needed.
- Three-Day Notice to Pay Rent: If the tenant does not pay rent when it is due, the landlord can give the tenant a three-day notice to pay rent or quit. This notice informs the tenant that the tenant has three days to pay rent in full. If the tenant does not pay rent, then the landlord can file an eviction lawsuit with the court at the end of the three days
- Three-Day Notice to Cure: If the tenant violates the lease or rental agreement, the landlord can give the tenant a three-day notice to cure. This notice informs the tenant that the tenant has three days to correct the violation. If the tenant does not correct the violation within three days, then the landlord can file an eviction lawsuit.
- Three-Day Unconditional Quit Notice: This type of notice is given to the tenant if the tenant commits specific, serious violations. The notice informs the tenant that the tenant must move out of the rental unit within three days of receiving the notice. The tenant is not allowed any time to fix the violation, and if the tenant does not move out within three days, the landlord can go to court to file an eviction lawsuit. The landlord can use a three-day unconditional quit notice only in the following situations:
- the tenant has assigned or sublet the rental unit in violation of the lease or rental agreement
- the tenant has caused substantial damage to the property
- the tenant has permitted or created a nuisance at the rental unit, or
- the tenant has been involved in illegal activity on the premises of the rental unit.
Notice for Termination Without Cause
- The rules for terminating a lease without cause vary depending on whether the tenancy is month-to-month or a fixed term.