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There are a number of steps both landlords and tenants must take in an Eviction Action: The landlord must file a complaint against the tenant in district court. At least seven days before the court date the landlord must have someone else serve the tenant with a summons ordering the tenant to appear in court. (157)
California state law (Cal. Civ. Code §§ 1940.35, 1942.5 (2020)) prohibits landlords from retaliating against tenants.
Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave. Harassment can include: stopping services, like electricity. withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key.
Landlord harassment is illegal in California. California Civil Code Section 1940.2 specifically forbids a landlord to force a tenant out of their home by: Displaying ?forceful, threatening, willful, or menacing conduct? towards you or your guests.
A revenge or retaliatory eviction is when a private landlord takes steps to evict tenants who ask for repairs or complain about bad housing conditions.
Under most landlord retaliation statutes, a landlord can't evict, harass, or raise the rent of a tenant for doing something legal. A landlord may not like the renter's actions, but they cannot seek revenge. A common retaliation tactic is trying to evict a renter after they complain to a government agency.
Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.
Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.
Tenant Paid Rent in Full Although a landlord is not required to give a tenant notice before filing the eviction lawsuit, the tenant can still stop the eviction by paying rent in full, plus court costs and attorney's fees, at any time before the eviction actually occurs.
What is tenant harassment? Tenant harassment is when a landlord knowingly takes actions that cause harm to a tenant and serve no lawful purpose ? including repeated acts that substantially interfere with the comfort, peace or quiet enjoyment of a tenant's rental unit.