California Landlord Eviction Without Cause
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FAQ
A tenant in California can absolutely win an unlawful detainer case if they can prove in court that there is no legal ground for the eviction or if the landlord has not followed the correct procedure for the eviction.
California's Tenant Protection Act The Tenant Protection Act prohibits landlords from evicting most tenants without ?just cause.? The law sets out two kinds of evictions: "at fault" evictions and "no fault" evictions. At fault evictions include: Nonpayment of rent. Breach of a material term of the lease.
A tenant who is illegally evicted may sue to reoccupy the unit and for damages. A landlord cannot retaliate against a tenant for exercising their rights under the Rent Ordinance or other laws. Protected tenant actions include reporting housing code violations or filing a petition with the Rent Board.
California Eviction Laws and Process Step 1: Notice to Terminate. ... Step 2: The Landlord Files an Unlawful Detainer Lawsuit. ... Step 3: The Landlord Serves the Unlawful Detainer Paperwork on the Tenant. ... Step 4: Trial or Hearing. ... Step 5: Eviction Judgment. ... Step 6: Removal of the Tenant.
The Notice must be in writing and include: The date the tenancy will end ("be terminated") Detailed reason(s) for the eviction. That if the tenant doesn't move out within 90 days the owner may start a court case to evict them and that they can give their side of the story then.