Borna Houman Law represents landlords and property owners in Los Angeles County. We do not act for tenants in any matter. If you own a single-family rental in Mar Vista, a fourplex in Santa Monica, a 40-unit building under the Los Angeles Rent Stabilization Ordinance, or a commercial strip on Pico Boulevard, this page explains what a Los Angeles landlord attorney does for you, what it costs, and how long it takes to get possession back.
Key takeaway: A Los Angeles landlord attorney handles the notice, the unlawful detainer lawsuit, and the lockout, and makes sure the building’s rent control ordinance is satisfied before anything is filed. An uncontested residential eviction in Los Angeles County usually takes 45 to 75 days from service of the notice to the sheriff lockout. A defective notice restarts that clock.
Call (888) 42-BORNA to schedule a confidential consultation. Borna Houman Law, 2530 Wilshire Blvd, Santa Monica, CA 90403. Landlords and property owners only.
What does a Los Angeles landlord attorney do?
A Los Angeles landlord attorney drafts and serves the termination notice, files and prosecutes the unlawful detainer action, and obtains the writ of possession that lets the sheriff remove the occupant. The work also covers the advice that keeps an owner out of court: lease drafting, rent-increase compliance, buyout agreements, and habitability defense when a tenant answers a possession case with a repair claim.
In our experience representing Westside owners, most eviction cases are decided by the notice rather than by the complaint. California courts read termination notices strictly, and a notice that overstates the rent due, names the wrong parties, or omits a required local disclosure gives the tenant a complete defense at trial even when the underlying breach is real.
The services we provide to landlords and property owners are:
- Notice drafting and service under Code of Civil Procedure section 1161 and the applicable local ordinance.
- Unlawful detainer complaints, trials, and writs of possession in the Los Angeles Superior Court.
- Habitability defense for owners when a tenant raises Civil Code section 1941.1 conditions as a defense.
- Rent increase review under the Costa-Hawkins Rental Housing Act and the local cap.
- Commercial lease enforcement, including CAM disputes, holdover damages, and guarantor claims.
- Lease drafting and addenda: pets, smoking, short-term-rental bans, subletting, and occupancy limits.
- Cash-for-keys and buyout agreements drafted so they survive a later challenge.
- Nuisance and illegal-activity terminations, including short-term-rental violations.
How much does an eviction lawyer cost in California?
An uncontested residential unlawful detainer in Los Angeles County typically costs a landlord between $1,500 and $3,500 in attorney fees plus court costs, and a contested case that goes to trial commonly runs $7,500 to $25,000. The filing fee for an unlawful detainer seeking under $10,000 is $240, and the sheriff’s fee to execute a writ of possession in Los Angeles County is $145. Current fee schedules and unlawful detainer forms are published by the California Courts.
Borna Houman Law bills hourly at premium rates and offers a flat-fee notice review for owners who want the notice right before they commit to a case. We do not take landlord matters on contingency. What moves the total is whether the tenant files an answer.
| Stage | Typical landlord cost | What drives it |
|---|---|---|
| Notice review and service | Flat fee | Ordinance research, proof of service |
| Uncontested unlawful detainer (default judgment) | $1,500 to $3,500 | No answer filed; default in 5 court days |
| Contested unlawful detainer to trial | $7,500 to $25,000 | Answer, discovery, motions, jury demand |
| Court filing fee (under $10,000 demand) | $240 | Set by statute |
| Sheriff writ of possession, Los Angeles County | $145 | Set by the Sheriff’s Department |
| Habitability defense adjudication | Added $3,000 to $10,000 | Inspection, expert, repair evidence |
A well-drafted lease shifts much of this. California enforces one-way attorney fee clauses as reciprocal under Civil Code section 1717, so a prevailing landlord with a fee clause can recover fees from the tenant, and a losing landlord can be ordered to pay the tenant’s. Whether to include a fee clause at all is a strategic decision we make building by building.
Our office is at 2530 Wilshire Blvd in Santa Monica, minutes from the Santa Monica Courthouse. Call (888) 42-BORNA to schedule a confidential consultation.
How hard is it to evict a tenant in Los Angeles?
Evicting a tenant in Los Angeles is harder than anywhere else in California because most rental units sit under both a statewide just-cause statute and a local rent stabilization ordinance, and both must be satisfied. An owner who complies with state law but misses a local filing requirement loses the case on that ground alone.
Three layers apply to a typical Los Angeles rental:
- State law. The Tenant Protection Act, codified at Civil Code section 1946.2, requires just cause to terminate most tenancies of 12 months or more and caps annual rent increases under Civil Code section 1947.12.
- Local ordinance. City of Los Angeles buildings with a certificate of occupancy before October 1, 1978 fall under the Rent Stabilization Ordinance at Los Angeles Municipal Code section 151.00 and following, which adds registration, relocation assistance, and a filing with the Housing Department.
- Costa-Hawkins. Civil Code section 1954.52 exempts single-family homes, condominiums, and units first certified for occupancy after February 1, 1995 from local rent caps, though not from just-cause rules.
For owners this means the compliance work comes before the litigation. Get the building’s status right and the case is straightforward. Get it wrong and a tenant’s lawyer will spend the first hearing on your paperwork rather than your tenant’s conduct. Owners can reach us at (888) 42-BORNA.
What are the legal grounds to evict a tenant in Los Angeles?
The grounds fall into two families: at-fault causes, where the tenant has breached, and no-fault causes, where the owner needs the unit back. No-fault terminations under the Tenant Protection Act require relocation assistance equal to one month’s rent, and Los Angeles Rent Stabilization Ordinance units require a larger scheduled payment set by the Housing Department.
| Ground | Notice period | Authority | Relocation owed? |
|---|---|---|---|
| Nonpayment of rent | 3 days, excluding weekends and holidays | CCP 1161(2) | No |
| Breach of a lease covenant | 3 days to cure or quit | CCP 1161(3) | No |
| Nuisance or illegal use | 3 days, unconditional | CCP 1161(4) | No |
| Tenancy under 1 year, no local ordinance | 30 days | Civ. Code 1946.1 | No |
| Tenancy 1 year or more, no-fault | 60 days | Civ. Code 1946.1, 1946.2 | Yes, one month’s rent |
| Owner or relative move-in | 60 days | Civ. Code 1946.2(b)(2)(A) | Yes |
| Withdrawal from the rental market | 120 days, or 1 year for qualifying seniors and disabled tenants | Gov. Code 7060, Ellis Act | Yes |
| Federally subsidized tenancy termination | 90 days | Program rules plus state notice | Program dependent |
A three-day notice to pay rent or quit in California excludes Saturdays, Sundays, and judicial holidays from the count, so a notice served on a Thursday does not expire until the following Tuesday. Miscounting those days voids the notice, and the case has to start over. Before you serve, call (888) 42-BORNA.
Which rent control ordinance applies to your building?
The ordinance is determined by the city the property sits in and the date the building was first certified for occupancy, not by the type of tenancy. A property owner who assumes the state cap is the only cap will miss the local registration, relocation, and filing obligations that carry independent penalties.
| Jurisdiction | Ordinance | Coverage trigger |
|---|---|---|
| City of Los Angeles | Rent Stabilization Ordinance, LAMC 151.00 et seq. | Certificate of occupancy before October 1, 1978 |
| Santa Monica | City Charter Article XVIII, sections 1800 to 1821 | Most units built before April 10, 1979 |
| Beverly Hills | Beverly Hills Municipal Code Title 4, Chapters 5 and 6 | Multi-unit properties, chapter depends on rent level and build date |
| West Hollywood | WHMC Title 17, Rent Stabilization | Units first rented before July 1, 1979 |
| Culver City | Tenant Protections Ordinance | Most multi-family units |
| Unincorporated Los Angeles County | County Rent Stabilization and Tenant Protections Ordinance | Units built on or before February 1, 1995 |
| Everywhere else in California | Tenant Protection Act, Civ. Code 1946.2 and 1947.12 | Most tenancies of 12 months or more |
We hold the jurisdiction question first in every engagement, and a five-minute call to (888) 42-BORNA usually settles it. Full landlord guides for the Westside ordinances are published on this site, including the West Hollywood rent stabilization landlord guide and the 60-day notice to vacate landlord guide.
How must an unlawful detainer be served in California?
An unlawful detainer summons and complaint must be personally served on the tenant, and substituted service is allowed only after reasonable diligence in attempting personal service, followed by mailing. Code of Civil Procedure section 1162 governs service of the pre-filing notice and permits personal delivery, substituted service on a person of suitable age with a mailed copy, or posting and mailing when no one can be found.
A tenant served with an unlawful detainer summons in California has five days to respond, excluding weekends and judicial holidays, under Code of Civil Procedure section 1167. If no answer is filed, the landlord takes a default and asks the clerk for judgment and a writ. If an answer is filed, either side may demand trial, and the court must set trial within 20 days of the request under Code of Civil Procedure section 1170.5.
| Step | Timing | Notes for the owner |
|---|---|---|
| Notice served | Day 0 | 3, 30, 60, 90 or 120 days per the ground |
| Notice expires | Day 3 to 120 | Weekends and holidays excluded on 3-day notices |
| Complaint filed and served | Days 4 to 10 | Personal service preferred; posting needs a court order |
| Tenant response deadline | 5 court days after service | CCP 1167 |
| Default judgment, if no answer | Days 15 to 25 | Clerk’s judgment for possession |
| Trial, if answered | Within 20 days of a trial request | CCP 1170.5 |
| Writ issued and delivered to sheriff | 1 to 5 days after judgment | $145 sheriff fee |
| Sheriff posts 5-day notice to vacate and locks out | Days 30 to 75 overall | CCP 1174 |
How is a commercial eviction different from a residential eviction?
A commercial eviction in California is governed by the lease rather than by rent control, so no just-cause statute, relocation payment, or local registration applies. The three-day notice is still required, but the landlord may also pursue lease remedies that do not exist in residential matters, including Civil Code section 1951.2 damages for the balance of the term and Civil Code section 1951.4 continuation of the lease with a right to collect rent as it comes due.
Three differences matter in practice for commercial owners. Personal guaranties are usually enforceable and worth pursuing separately from the possession case. Self-help lockouts are still unlawful. And rent accounting has to be exact, because a commercial three-day notice must state the precise amount due, and CAM reconciliations often make that figure contestable. We pursue possession and damages together rather than in sequence. Commercial owners can call (888) 42-BORNA directly.
Which lease clauses protect a Los Angeles landlord?
A Los Angeles lease should identify every adult occupant by name, fix the rent due date and the method of payment, and state that accepting a partial payment does not waive a pending notice. Those three provisions do most of the work in an eviction case. We review leases building by building at (888) 42-BORNA.
- Occupancy and guest limits, so a long-term guest does not become a tenant by acquiescence.
- Short-term-rental ban, which is the cleanest route to terminating an unauthorized Airbnb operation in a rent-stabilized building.
- Subletting and assignment consent, written so consent is required and not unreasonably withheld only where the ordinance demands it.
- Maintenance reporting duty, which creates the paper record that defeats a later habitability defense.
- Pet, smoking, and nuisance addenda, each with a stated cure right so a three-day notice to perform or quit is enforceable.
- Entry protocol consistent with Civil Code section 1954, which requires 24 hours’ written notice for most entries.
- Attorney fee clause, included or omitted deliberately after a look at the building’s tenant profile.
Representative results for Los Angeles property owners
The outcomes below are representative scenarios drawn from the types of matters this firm handles. They are illustrations of how these cases proceed, not guarantees, and no outcome is ever assured.
- Representative scenario, Santa Monica fourplex. A tenant answered a nonpayment case with a habitability cross-claim seeking six figures. Documented repair tickets and a city inspection report narrowed the claim, and the matter resolved with a surrender of possession within 90 days.
- Representative scenario, commercial suite on Wilshire. A holdover tenant with a personal guaranty vacated after judgment, and the guaranty supported a separate damages recovery under Civil Code section 1951.2.
- Representative scenario, Los Angeles Rent Stabilization Ordinance building. An owner move-in termination was rebuilt from the Housing Department filing forward after a first notice was found defective, and possession followed without a contested trial.
Borna Houman Law represents landlords and property owners only. Call (888) 42-BORNA to schedule a confidential consultation about your building.
Frequently asked questions from Los Angeles landlords
How long does it take to evict a tenant in Los Angeles?
An uncontested residential eviction in Los Angeles County usually takes 45 to 75 days from service of the notice to the sheriff lockout. A contested case with an answer, discovery, and a trial setting commonly runs 90 to 150 days. Ellis Act withdrawals take at least 120 days from the notice, and a year where a qualifying senior or disabled tenant is in occupancy.
Can I refuse partial rent during an eviction?
A California landlord who accepts rent covering a period after a termination notice expires generally waives that notice and must start again. Accepting rent for a period before the notice expired does not waive it. We advise owners to reject partial payments in writing while a notice is pending rather than depositing them.
Do I have to register my building with the city?
City of Los Angeles rent-stabilized buildings must be registered with the Los Angeles Housing Department and the annual registration fee paid before the owner can lawfully collect rent or prosecute an unlawful detainer. An unregistered Los Angeles Rent Stabilization Ordinance building is a complete bar to recovering possession for nonpayment. Registration is handled by the Los Angeles Housing Department.
What happens if the tenant files a habitability defense?
Under Code of Civil Procedure section 1174.2, if a court finds a substantial breach of the warranty of habitability in a nonpayment case, it sets a reasonable rental value, and the tenant keeps possession by paying that amount within five days. The owner then recovers possession only if the tenant fails to pay. Repair records, inspection reports, and dated photographs are what decide these hearings. If a habitability defense has already been filed against you, call (888) 42-BORNA.
Can I evict a tenant to move a family member in?
Owner and relative move-in terminations are permitted under Civil Code section 1946.2(b)(2)(A) with a 60-day notice and relocation assistance, and Los Angeles Rent Stabilization Ordinance buildings add a Housing Department filing, a scheduled relocation payment, and a good-faith occupancy requirement of at least 24 continuous months. The relative must be a spouse, domestic partner, child, grandchild, parent, or grandparent.
Do you represent tenants?
No. Borna Houman Law represents landlords, property owners, investors, and HOA boards only. We do not accept tenant-side matters of any kind, which means there is no conflict when you bring us a building-wide problem. Owners can reach the firm at (888) 42-BORNA.
Speak with a Los Angeles landlord attorney
Borna Houman is the founding attorney of Borna Houman Law, admitted to the California Bar under number 352339, and practices from the firm’s Santa Monica office at 2530 Wilshire Blvd. The firm is rated 5.0 across 60 client reviews. We serve owners throughout Los Angeles County, with a concentration on the Westside: Santa Monica, Brentwood, West Los Angeles, Venice, Marina del Rey, Culver City, Pacific Palisades, Beverly Hills, West Hollywood, Mar Vista, and Playa Vista. Reach the firm at (888) 42-BORNA.
Related pages: Unlawful Detainer Attorney Los Angeles, Landlord-Tenant Law, Nuisance Claims, Lease Drafting and Review, Commercial Landlord-Tenant Disputes, and Rent and Security Deposit Disputes.
Further reading for owners: security deposit return in California, the 90-day notice to vacate landlord guide, and Los Angeles short-term rental laws for owners.
Call (888) 42-BORNA or use the form on this page to schedule a confidential consultation.
This page is general information about California landlord-tenant law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter. Borna Houman Law, 2530 Wilshire Blvd, Santa Monica, CA 90403. (888) 42-BORNA.
