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California Complaint for Wrongul Eviction

California Complaint for Wrongul Eviction

Name: California Complaint for Wrongul Eviction
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (446 reviews)

Category:

California Landlord Tenant - Complaints

State:

California

Control #:

CA-1206LT

Format:

Instant download

Description

The plaintiff, who is a tenant in property subject to a local rent stabilization ordinance, brings this complaint for wrongful eviction, fraud, intentional and negligent infliction of emotional distress and negligence. Plaintiff seeks monetary damages.

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How to fill out California Complaint For Wrongul Eviction?

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FAQ

A landlord who illegally evicts a tenant may be liable for several civil penalties including $100 a day under Civil Code Section 789.3(c), as well as a one-time penalty of $2000 under Civil Code Section 1940.2, and any additional damages the tenant may suffer such as relocation or temporary housings expenses.

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.

In California, punitive damages can be up to $100 per day of violation and at least $250 per separate violation.

Defenses you can use in an eviction court case. If you want to file an Answer (form UD-105) to an eviction lawsuit and defend yourself in court, you'll need to give a defense (the legal reason you shouldn't be evicted). You can have more than one defense.

A tenant who is illegally evicted can either sue the landlord (either in civil court or small claims court) or use the illegal eviction as a defense or countersuit to an eviction lawsuit.

The term retaliatory eviction as used under California law relates to legal prohibition against a landlord who seeks to evict a tenant because that tenant has exercised certain legal rights protected under the law.

More info

Get a complaint form. This complaint outlines the landlord's request for back rent and damages as well as explains the reasons for the eviction.You can sue your landlord for illegally trying to evict you—but you need both the law and the facts to be in your favor to fight and win. If tenants believe the eviction was discriminatory, they may want to speak to a lawyer and file a suit in small claims court. To bring a wrongful eviction suit, file a complaint setting out the illegal actions your landlord took and the damages you suffered. This information outlines when and how a landlord may evict a tenant, and it will also discuss a tenant's remedies for unlawful eviction. The landlord must file a "complaint" with the court. A complaint contains: The facts that justify the eviction; A request for back rent and damages. It is important to note that the tenant is always the defendant in an unlawful eviction case and cannot file a cross-complaint for damages. Items 1 - 6 — Wrongful eviction (33).

California Complaint for Wrongul Eviction

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How to fill out California Complaint For Wrongul Eviction?

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FAQ

What is the statute for wrongful eviction in California?

Can I sue for wrongful eviction in California?

How much can you sue for wrongful eviction in California?

Can you fight an eviction in California?

How do I fight a wrongful eviction in California?

What is a retaliatory eviction in California?

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