With colder months coming upon us here in California, if your heating system has failed, now is the time to take action. Heat may be a mandatory provision of the landlord under the implied warranty of habitability, regardless of your rental agreement.
Nearly everyone in Santa Clara has probably heard stories about roommates or tenants who just will not leave. There is no shortage of humorous suggestions aimed at solving such a problem: changing the locks, buying a vicious guard dog or just moving away yourself. Yet there is little that is funny about such a situation when your are having to deal with it. When struggling with having to evict an unwanted guest or tenant, you will likely become very familiar with the term "detainer action."
Evicting a tenant is a tricky proposition, mainly because the rules and processes are in favor of a tenant that is being evicted without cause. Even when a tenant is being evicted with cause, the landlord or property manager taking the action needs to make sure they have all of their legal ducks in a row, so to speak, to make sure that their eviction holds water.
As a landlord, you know your job is tough. You rent and manage property as a business and have to make the difficult decisions that come with it. Part of the not so pleasant duties of your job can include raising rental rates on loyal tenants - or worse, having to go through the eviction process.
When a living arrangement is agreed between a landlord and a tenant, there are simply bound to be certain matters that arise over the following months and possibly years that require the attention of both parties. Issues with pipes, broken cabinets, hot water issues -- the list goes on and on. These things are important, and they have to be handled properly.