Eviction Defense Lawyer in Los Angeles County and Orange County

An eviction in California is a lawsuit, and a lawsuit can be defended. Fred Yadegar provides eviction defense for renters, for homeowners still living in a property after a trustee’s sale, and for tenants whose building changed hands at foreclosure, in Los Angeles County and in Orange County. Whoever wants you out has to prove each step, and we examine every one.

Which of these is you

A renter holding a notice or a summons. The lawsuit is called an unlawful detainer (Code Civ. Proc. §1161 et seq.). It moves quickly and assumes you will not answer; the defenses, filing choices, and settlement terms are explained on our unlawful detainer page.

A former owner after a trustee’s sale. The buyer received a deed, not your keys. Possession changes hands only through the court, and the buyer’s first required step is a 3-day notice to quit (Code Civ. Proc. §1161a). See postponing possession. If the sale brought in more than the debt, you may also have a surplus-funds claim with its own deadline; see post-foreclosure assistance.

A tenant in a foreclosed building. A bona fide tenant is owed a 90-day notice, and a lease with a fixed term generally continues to its end date (Code Civ. Proc. §1161b; federal Protecting Tenants at Foreclosure Act).

Where the landlord’s case breaks

The case rests on a chain of paperwork, and a broken link is a defense. We look first at the notice: the amount demanded, the days allowed, the required wording, and whether it states a lawful ground. Then service, of the notice and of the summons. Then standing, because the plaintiff must own the property or act for the owner. Beyond paperwork, California recognizes retaliation for complaints about conditions (Civ. Code §1942.5), breach of the warranty of habitability (Civ. Code §1941.1; Green v. Superior Court), acceptance of rent after the notice, and discrimination. After a foreclosure, the validity of the sale itself can be the defense.

How the calendar runs

The notice period runs first. Once the summons and complaint are served, you have 10 court days to get a written response on file, under AB 2347, effective January 1, 2025 (Code Civ. Proc. §1167). Weekends and court holidays are not counted. File nothing and the landlord can ask for a default judgment with no hearing. With a response on file, either side can request trial, set within about 20 days (Code Civ. Proc. §1170.5). If the landlord wins, the sheriff must post a 5-day notice to vacate before any lockout.

Protections that depend on your address

Most tenancies past 12 months fall under the Tenant Protection Act, which requires a stated just cause for termination, limits annual rent increases, and requires relocation assistance worth one month’s rent for a no-fault eviction (Civ. Code §1946.2, §1947.12). The City of Los Angeles layers its Rent Stabilization Ordinance and Just Cause rules on top, and some Orange County cities have local rules as well. Your city may add protections; we check.

What a good outcome looks like

Some end in dismissal because the notice or the service was defective, and the landlord must begin again. Many end in a negotiated agreement: a move-out date you chose, a payment or a waiver of back rent, often called cash for keys, and a dismissal rather than a judgment. Others end with time, a lease honored to its term or weeks gained while a buyer corrects a defective notice.

How our office handles eviction defense

Fred Yadegar is a California attorney, State Bar #244184, licensed since 2006, and he appears in the Los Angeles County and Orange County unlawful detainer courts himself. He reads the notice, the lease, and the proof of service before offering an opinion. Tell us what’s going on and we’ll explain your options and costs before you commit to anything.