When all amicable means of solving a conflict with a tenant fail, eviction may seem like the only viable solution to a landlord’s problems. While it is true that eviction does have its place in the California state law as a legitimate measure to protect a landlord’s interests, it is important to recognize that the same law also provides certain protections for the tenant. In California, an eviction must proceed according to a very strict and specific procedure. Violating this procedure by a landlord may make eviction illegal and even warrant a lawsuit from the tenant.
Carroll Law Office represents interests of both landlords and tenants in California. The information found in this article will no doubt serve landlords and tenants alike. We will cover the various reasons a landlord can evict a tenant, as well as highlight a few ways this can be done improperly, which could jeopardize the legal process and allow the tenant to remain in their unit.
California state law clearly defines the reasons for which a landlord may initiate an eviction procedure against a troublesome tenant. Such reasons may include:
While the list above is not exhaustive, a landlord may not attempt to evict a tenant for just any reason or following any kind of dispute. In particular, it is illegal for a landlord to engage in a retaliatory eviction; that is, to try to evict a tenant after they have reported the landlord to relevant authorities in relation to some violations.
In order to be able to legally evict a tenant in California, a landlord must properly end the tenancy by providing the tenant with a written notice for termination. Depending on the cause of termination, a landlord must provide the notice far enough with advance. In the case of termination with a cause, a kind of notice that a landlord is obliged to give to the tenant may include:
Self-help eviction describes any action on the part of a landlord to evict a tenant while ignoring the established legal process. Using any of these tactics can result in significant legal penalties for the offending landlord. Self-help eviction tactics may include:
Disputes between a landlord and a tenant can often be complicated and stressful for both sides. In addition to the general principles outlined above there can be other laws or regulations that apply to your particular case since some cities have enacted their own rent control laws and some types of housing have specific governing rules.
Carroll Law Office recognizes that California state law guarantees rights of and protections for both parties in such conflicts. Therefore, whether you are a landlord struggling with a troublesome tenant or a tenant facing wrongful eviction, do not hesitate to contact us. You can count on impartial and thorough approach to your case and personal circumstances and conscientious representation of your interests.
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