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Real Estate Law

At the Lalezary Firm, we are not only skilled legal professionals, Mr. Lalezary and his brother are also serious real estate investors. As such, we know real property law inside and out.

One of the most common types of real estate litigation is Eviction, referred to in court proceedings as an Unlawful Detainer. The legal term “Unlawful Detainer” essentially means that the property owner is accusing the occupant of the property of “unlawfully” keeping the property from the owner, i.e. “detaining” the property from being returned to its rightful owner.

There are many reasons an eviction may be filed including:

  • Non-payment of rent
  • Expiration of a Lease
  • Unlawful Activity on the Property by the Tenant
  • Violation of the rental agreement terms
  • And even that the landlord and tenant have simply reached a point where they cannot get along sufficiently to continue in the relationship of landlord and tenant.

Evictions are among the fastest moving cases in the legal profession. The right to your possession of your property is guaranteed by the U.S. Constitution, The Declaration of Independence and State and Federal Law. This is why when a landlord wants their property back from a tenant, the law moves very swiftly.

However, there are times when a landlord is not permitted to evict a tenant including:

An eviction based on race, religion, sex and so forth
An eviction filed in retaliation for the tenant exercising some legal right as a tenant, for instance, contacting the fire department because the landlord refuses to replace broken smoke detectors or other building code violations.

It is also illegal for a landlord to rent property as a dwelling unit if the property is not fit for occupancy. These are the cases where the term “slumlord” is sometimes used. While that is not a “legal” term, it is sometimes very fitting.

The requirements for any dwelling unit can be found in the California Civil Code Sections 1941 and 1941.1 which state:


Civil Code Section 1941 states:

“The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty-nine.”

(Amended by Code Amendments 1873-74, Ch. 612.)



Civil Code Section 1941.1 lays out the specific obligations of a property owner to ensure the property is fit for human occupancy:

“(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:

(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.

(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

(6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.

(7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control.
(8) Floors, stairways, and railings maintained in good repair.

(9) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.

(b) Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.”

What can you do?

At the Lalezary Firm, we know the rights of both sides in an eviction. We are not just “landlord lawyers” nor do we only represent tenants. In this way we have a unique perspective on eviction cases and we can see things from both sides.

Call us today at (888) 778-8888 for a free consultation or Contact Us online.

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What Our Clients Say

Honestly can't say enough positive things about Lalezary Law Firm! I got into a severe car accident at the end of 2016 and they've been with me every step of the way ever since. Almost 4 years! I want to thank everyone there especially Caitlyn, Shawn, and Yasmeen. They have been responsive, helpful, and reassuring and I don't know what I would've done if I didn't have the legal support that I was able to get along the years. They are super professional and really helped me get through this hardship in my life. I would definitely recommend!!!

Ivonne K.

5-Start Rating

Last year I contacted your law firm when I got into a car accident. the gentleman that handled my case, his name was Cesar. Cesar was very helpful and compassionate about my situation. He helped me get my car fixed very quickly and was super patient with me. He answered all of my questions and ensured me that everything will be taken care of. Once my case was settled I ended up getting more than I was expecting, which was amazing. I highly recommended Cesar and this law firm to anyone that needs help.

William Charlton

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I was a client to Lalezary firm for about a year, the staff is really nice and professional. I would get updates on the case status and when I did call I would usually get a call back within 24 hours. I really appreciate the work that was done for me. I got the most out of my settlement and when I called to have a break down of the costs, Genesis was very patient and gave me a break down on all of it. I will definitely recommend this law firm to friends and family, as well as call them in the future if needed (hopefully not soon).

Erendira Landa

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I had gotten into an accident and had no idea what to do. Friends and family recommended I get a lawyer since I was not at fault. I found this firm and I was beyond impressed. They handled everything for me from car insurance questions to finding doctors for me to visit. After my accident all I had to do was make appointments with various doctors to help with my pain. I give five stars because this firm went above and beyond and continued to follow up with me. I highly recommend if you are in need of a lawyer to use them.

Jacqueline D.

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The team at Lalezary we’re amazing! I am not the kind of person to seek legal counsel, but I was hit by a car while riding a motorcycle and the driver’s insurance was avoiding my attempts to get reimbursed. They were able to not only get a settlement that replaced my motorcycle, but they found me physical therapy which was close to my work. Now I am back to where I was physically before the accident and I am able to ride a motorcycle again. They were always responsive to my texts, calls, and emails. They even would systematically check to see how I was healing and if the support they linked me to was satisfactory.

Charles Mortensen

5-Start Rating

This law firm is a team of miracle workers! Lalezary Law Firm saved me from suffering at another law firm from Century City. My case manager Jonathan was able to gather all the details from my accident ( literally within a week! ) and keeping me updated consistenty to keep me at ease. They work diligently and keep at it until your case is completed. I went through a car accident that almost took my life away but thanks to the higher power and Lalezary Law Firm, you won't even hesitate to choose them because I felt trust and integrity throughout my case and I feel happier in my life, which in my opinion, matters the most at the end of the day.

Jason Avelar

5-Start Rating

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