Unlawful Detainer Practice

Malcolm Cisneros represents mortgage lenders in their efforts to recover property from holdover tenants after foreclosure through the unlawful detainer process. In this era of aggressive litigation tactics by the debtor’s bar, it is not uncommon to see judges allow tenants to raise counterclaims and defenses that are traditionally outside the scope of the routine unlawful detainer complaint, including wrongful foreclosure claims, promissory estoppel, breach of contract and quiet title. Our eviction attorneys are well versed on these issues and have prosecuted numerous unlawful detainer trials and successfully defended against tenant counterclaims.

Strategic Representation

Eviction attorneys at Malcolm Cisneros are highly skilled in litigation practice and deeply in tune with the courts, as great value is placed on the necessity to educate clients about ever-changing state and federal laws and Fair Housing issues in order to prevent mistakes and costly lawsuits. The firm recognizes the importance of filing the lawsuit quickly and efficiently, while carefully deliberating on the unique circumstances of each case to pursue the most strategic legal method for a successful result.

The firm represents financial institutions and private landlords in a myriad of residential and commercial unlawful detainer actions, nuisance actions concerning REO property, HOA disputes, defense of condemnation, and abatement actions. The eviction practice specializes in rent control matters, skillfully led by the legal expertise of esteemed attorneys with prior work within the Los Angeles Housing Authority.

Rent Control

The State of California is unique in that several cities (Los Angeles, Santa Monica, Oakland, and San Francisco) have enacted local “rent control” ordinances that regulate the amount of rent that can be charged to tenants living in residential units, as well as the conditions and processes under which a tenant may be evicted. The intended purpose is to ensure that affordable housing remains available, despite rental market conditions. It imposes strict obligations on landlords, and corresponding rights to tenants.

Our dedicated eviction attorneys skillfully guide clients through the process when a property is affected by rent control ordinances or Section 8 tenancy issues.

Current Jurisdictions

The firm currently accepts evictions work in the following jurisdictions:

  • California
  • Nevada
  • Arizona
  • Washington
  • Oregon
  • Texas
  • Colorado