Real Estate FAQs

In Palm Springs and throughout Riverside County, the law firm of Schlecht, Shevlin & Shoenberger assists clients with a range of real estate law matters, including purchases and sales, easement disputes, and eminent domain.  The firm provides the following answers to frequently asked questions as a resource for clients and others seeking general information about real estate law in California.  To learn more, visit the real estate transactions overview or the real estate litigation overview.  To consult with a knowledgeable attorney, contact the firm today.

How do I evict a tenant who is not paying rent?

Generally, in California, a landlord must give 30 or 60 days notice before terminating a tenancy.  However, if the tenant has failed to pay rent, only a three-day notice is required.  A three-day eviction notice must be in writing and must state certain facts, such as the amount of rent that is due.  The notice must be properly served on the tenant.  Next, if three days pass and the rent has not been paid, the landlord may file an unlawful detainer lawsuit in Superior Court.  The court will hold a hearing where the landlord and the tenant can present their evidence and explain their case, after which a decision will be rendered by the court.

The court process is the only way to lawfully evict a tenant.  Self-help measures, such as locking the tenant out, cutting off utilities, or removing the tenant's belongings from the rental unit, are illegal.  If a landlord uses illegal methods to evict a tenant, the landlord may be subject to liability for the tenant's damages as well as a fine. 

An experienced real property lawyer can provide advice and guidance for a landlord who has a tenant that is not paying rent.  A lawyer can also assist with the eviction process in order to ensure that documents are properly prepared, filed, and served, and that pitfalls are avoided.

What do I need to do to buy or sell a house?

In the purchase or sale of a home in California, numerous transactional issues come into play.  Both buying and selling a house often involve working with a real estate agent, conducting inspections, preparing a purchase and sale agreement, legal title issues, closing costs, mortgages, mortgage insurance, and a host of other questions and procedures.  An experienced real estate lawyer can provide trusted advice and guidance throughout the process, helping to relieve stress and ensure an organized and proper transaction.