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Unlawful Detainer

You have most likely heard the term eviction, or heard of one speaking of being evicted. However, the term unlawful detainer may not be as common knowledge as the term eviction.

Unlawful detainer is the conduct in which one who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. This usually occurs when the landlord is wanting to evict the tenant for non-payment of rent.

If you as the tenant have been served with eviction papers, or even a 3-day notice to quit, you still have rights to argue your defense. Just because one has been served with a 3-day notice to quit or other eviction documents, does not mean that you do not have the right to a defense.

However, unlawful detainers are time sensitive and in most cases one only has 3-5 days to...

Habitability

Although the most common complaint regarding landlord-tenant relationships are evictions, the habitability of a rental unit continues to rise as an issue in California.

In California there are regulations and case law requiring landlords to maintain habitable rental facilities and units. The habitability of a rental unit is not only deemed necessary at the time of leasing or renting, but throughout the duration of ones stay.

If you are in a rental unit that you believe is inhabitable, we recommend you contact...

3 Day Notice

The most common landlord-tenant issue evolves around 3-day notices and evictions. A 3-day notice is the first step in the eviction process. A landlord must provide the tenant with a written 3-day notice and if the tenant does not oblige to the terms of the notice, the landlord has the right to file an unlawful detainer case in court.

If you have found yourself served a 3-day notice we recommend you immediately contact an attorney to help defend yourself and fight for your right to stay, if desired. If you do not desire to stay, an attorney can still assist with helping to ensure your rights are protected and that your losses or damages are mitigated.
A 3-day notice can be given for a variety of reasons and commonly referred to...

Landlord Eviction Defense

Most landlords believe that filing and processing the eviction on a tenant is not too difficult and tend to handle themselves. However, what if that tenant files an answer within the allotted period of time? What if the tenant files a claim against the landlord?

We at the Law Offices of Bowman and Associates highly recommend that landlords hire an attorney to handle the eviction process against tenants. When hiring the Law Offices of Bowman and Associates we will handle the process from start to finish. This includes the initial service of the 3-Day notice, all the way through the filing of the eviction and defending it through trial until the matter is completed. This level of service helps eliminate the stress and duty of the landlord to ensure all notices are served, posted and filed prior to the deadlines, and that all documents are...

Commercial Eviction Representation

Although the most common form of eviction regards residential properties, there are still a number of companies that face eviction in commercial properties.

If you or someone you know has been served with eviction papers for your business at a commercial property location, you still have rights. In most cases, commercial property tenants have completed and signed a lease that lasts for a specified period of time. If you as the tenant have been served with eviction documents during the duration of the lease, you have more rights and protection than that of one whom is not in the midst of their lease.

Just because one has been served with an eviction does not mean they will be evicted and it does not mean that one is unable to provide a defense. Most commercial evictions are due to lack of rent payment. However, as the tenant what if you did...

 

Apartment Complex Eviction Representation

In many situations Apartment complexes like to utilize their property manager to file and defend tenant evictions. Although this may seem beneficial to the landlord, typically it results in lost eviction cases and a further loss in funds as the tenant may remain on the property for a longer period of time than desired, without paying rent.

The benefit to hiring an attorney to process all evictions, and represent the landlord in all eviction processes for the complex, is that the landlord is guaranteed consistent representation and as your attorney we ensure all deadlines are met and regulations are followed. We will even ensure...

 

Glossary

a written legal argument, usually in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal texts, and reasoning applied to facts in the particular situation. A brief is submitted to lay out the argument for various petitions and motions before the court (sometimes called “points and authorities”), to counter the arguments of opposing lawyers, and to provide the judge or judges with reasons to rule in favor of the party represented by the brief writer.
A lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant’s actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff’s complaint.
this is the first phase of the foreclosure process in California. The notice, which is prepared and recorded by the foreclosing trustee, contains particulars regarding the default in payment, the affected deed of trust, etc. The default period runs a minimum of 90 days.

REVIEWS

– Heather A.

Fantastic! Robert has been an incredible help during a very stressful, constant custody battle.  He's always been there to answer the phone and provide advice, drastically lowering my stress level and anxiety.  He was right, it takes a little time, but our court arrangement is finally both in the best interest of my son and fair to me.

– Heather A.

Bowman & Associates
2016-05-26T02:39:24-07:00

– Heather A.

Fantastic! Robert has been an incredible help during a very stressful, constant custody battle.  He's always been there to answer the phone and provide advice, drastically lowering my stress level and anxiety.  He was right, it takes a little time, but our court arrangement is finally both in the best interest of my son and fair to me.

– Brent

I have used Bowman and Associates for a number of issues including custody, business legal advice and DUI. Robert Bowman is an excellent, caring attorney. He takes the long view on custody and business issues, provides sound advice, and works tirelessly on my behalf. I will continue to use Mr. Bowman and his team of attorneys and legal staff for many years to come.

– Brent

Bowman & Associates
2016-05-26T02:40:28-07:00

– Brent

I have used Bowman and Associates for a number of issues including custody, business legal advice and DUI. Robert Bowman is an excellent, caring attorney. He takes the long view on custody and business issues, provides sound advice, and works tirelessly on my behalf. I will continue to use Mr. Bowman and his team of attorneys and legal staff for many years to come.

– Laurel K.

My husband and I cannot say enough good things about this law firm!  Of course, we're happy and relieved we won our case and the judge granted our civil harassment restraining order. Every person I came in contact with at the firm was friendly, professional and always always helpful.

– Laurel K.

Bowman & Associates
2016-05-26T03:44:59-07:00

– Laurel K.

My husband and I cannot say enough good things about this law firm!  Of course, we're happy and relieved we won our case and the judge granted our civil harassment restraining order. Every person I came in contact with at the firm was friendly, professional and always always helpful.

– Darlene W.

I have had this firm represent me through a divorce and Roger Kosla has really been great. My case was to be a slam dunk until my husband turned it into a nightmare. I am very pleased with the way Roger has handled everything that has come at him in my case. Excellent firm!

– Darlene W.

Bowman & Associates
2016-05-26T02:26:57-07:00

– Darlene W.

I have had this firm represent me through a divorce and Roger Kosla has really been great. My case was to be a slam dunk until my husband turned it into a nightmare. I am very pleased with the way Roger has handled everything that has come at him in my case. Excellent firm!

– David M.

This firm went way above the call in regards to my case – attorney Ken Torkelson is a fantastic lawyer with lots of wit and experience. I would call them first anytime in the future when the need arises. And will refer this office to all my friends and family with their needs.

– David M.

Bowman & Associates
2016-05-26T02:35:16-07:00

– David M.

This firm went way above the call in regards to my case – attorney Ken Torkelson is a fantastic lawyer with lots of wit and experience. I would call them first anytime in the future when the need arises. And will refer this office to all my friends and family with their needs.
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Bowman & Associates