Wrongful eviction lawsuits arise when landlords wrongfully evict tenants. Eviction laws can vary by city and by state, including in California.
The law prohibits certain types of evictions, such as retaliatory evictions and self-help evictions. A self-help eviction occurs when a landlord retains the property without going through the eviction process.
In some cases, the landlord may harass the tenant until the tenant leaves. Even if a tenant has failed to pay their rent, has damaged the rental property, or has violated the lease agreement, the landlord can only legally remove a tenant using the established California eviction procedures.
A retaliatory eviction occurs when a landlord evicts a tenant in retaliation for something. Landlords are not permitted to evict tenants who exercise their legal rights by notifying health inspectors or government entities of unsafe conditions in the rental home or apartment.
Evictions are categorized as civil cases, whether they are residential evictions or commercial evictions. There may also be criminal issues that arise from evictions, such as illegal activities by tenants or harassment by landlords.
There may also be illegal eviction penalties imposed upon a landlord. In some states, there is a set amount of money that a tenant is permitted to sue their landlord for if the landlord attempted to illegally evict them through a self-help measure.
In certain states, the landlord pays the tenant’s court costs and attorney’s fees if the tenant prevails. In addition, the tenant may be permitted to stay in the rental.
For example, evictions that fall under the California Ellis Act may only be filed in California because the Ellis Act is a California state law. This Act allows a landlord to evict residential tenants if the landlord intends to totally leave the rental business.
In these situations, the landlord has to evict all of the tenants and notify them in advance. If the landlord does not evict all of the tenants or provide notice, they may face legal consequences.
If an individual believes they may need to file a wrongful eviction claim, they should consult with a local attorney in California.
What Are Some Examples of Wrongful Eviction?
Wrongful evictions occur when individuals are illegally evicted from their rental properties. In the majority of cases, landlords dismiss the rules and laws and take matters into their own hands.
This can be done in different ways, including when the landlord:
- Changes the locks on the rental;
- Removes the personal belongings of the tenant from the rental;
- Shuts off the tenant’s utilities, including water, electricity, or heat;
- Fails to provide the tenant with notice of legal eviction proceedings; or
- Threatens, intimidates, or physically harms a tenant.
Any other actions that a landlord engages in that violate state or local laws governing landlord-tenant relationships may also be considered wrongful evictions.
What Does the Eviction Process Involve?
The eviction process requires several steps, which may vary by location. In general, however, the steps include:
- Providing the tenant with notice;
- Filing the eviction action;
- Permitting the tenant to answer;
- Receiving a judgment; and
- Removing the tenant.
Before going to court and requesting an eviction, a landlord is required to terminate the tenancy. The landlord will be required to file documents with the court and provide the tenant with notice of the eviction.
The landlord must inform the tenant that, unless certain conditions are met, typically rent payment in full, eviction proceedings will begin. This notice must be delivered directly to the tenant or affixed to the door of the rental property.
After providing the tenant with notice, the landlord has to file an action in court to have the tenant lawfully removed. The landlord is required to serve the tenant with a complaint and a summons, which informs them that a lawsuit has been filed and may request back rent or damages.
If a defendant fails to appear or answer after a summons has been issued, a default judgment may be entered in favor of the plaintiff. A tenant has the right to answer a complaint within the period of time provided in the summons.
The tenant can answer the complaint by denying the allegations or providing a defense. Next, both of the parties will attend a court hearing. At the hearing, the court will determine whether or not the landlord provided sufficient evidence to evict.
After the hearing, the court will provide a decision based on the evidence that was presented. If the court rules in favor of the landlord, the tenant will be required to vacate the property if they were ordered to do so.
If the tenant does not pay the past due amount or vacate the premises as ordered, the court may have law enforcement intervene. A tenant who does not willingly vacate the premises may be forcefully removed.
How to Sue a Landlord for Illegal Eviction?
If an individual believes they were wrongfully evicted or were illegally evicted, they can file a wrongful eviction claim. The tenant can begin by reviewing local eviction and lease termination rules.
These laws will outline the requirements for landlords who terminate a tenancy, which must be done prior to the eviction. Different types of violations of rental laws may require different types of notices.
Eviction lawyers for tenants can help with the nuances of local California laws and requirements.
How Much Can I Sue a Landlord for Wrongful Eviction?
The amount a tenant can request in a wrongful eviction lawsuit will depend on the facts of their case. The tenant may be able to request out-of-pocket costs or actual damages, for example, hotel bills, if they were required to find a place to stay when the landlord cut off their utility services.
In some cases, the tenant may be able to obtain damages of a certain amount for each day that the violation continues. This may include up to $100 per day and a minimum of $250 total per violation.
If an individual has any questions regarding suing their California landlord for wrongful eviction, they should consult with a California wrongful eviction lawyer.
What Is the Statute of Limitations on Suing a Landlord for Wrongful Eviction?
The statute of limitations in California for filing a wrongful eviction lawsuit is two years following the eviction. It is important to note that there may also be other types of claims that an individual may be able to file that have different statutes of limitations.
If the tenant received an owner-move-in eviction notice, they will have five years after the wrongful eviction to file a claim. If the tenant is filing a claim based on the breach of a written contract, such as a lease, they have four years.
Are There Any Defenses to Wrongful Eviction Lawsuits?
There are some defenses that may be available to a tenant, including a landlord:
- Attempting to evict a tenant in retaliation if they request repairs or maintenance;
- Attempting to evict a tenant in retaliation for filing a complaint with a local health or building code inspector regarding the conditions of the rental;
- Has violated the implied warranty of habitability, which happens when a landlord does not take steps to keep the rental from being uninhabitable, for example, having mold accumulation or a pest or rodent infestation;
- Evicting a tenant based on discrimination because of their religion or race;
- Providing an improper notice of eviction; or
- Evicting the tenant after only receiving a portion of the rent payment due.
One of the best ways to fight an eviction is to adhere to the terms of the lease. If the dispute involves unpaid rent, it is important to prioritize the past due amount so that it can be paid in full by the deadline provided by the landlord.
Do I Need a Lawyer for a Wrongful Eviction Lawsuit?
You may have issues, questions, or concerns related to a wrongful eviction in California. If so, it is essential to consult with a California landlord-tenant lawyer. Whether you are a tenant who was wrongfully convicted or a landlord who needs to evict a tenant, your lawyer can help.
If you need to file a wrongful eviction lawsuit against your landlord, your lawyer will help you through the process and ensure your filings are timely and complete. In addition, your lawyer will represent you during any court proceedings and present any available defenses to obtain the best outcome in your case.
If you need to evict a tenant from your rental, your lawyer can help you follow the California eviction laws. In addition, your lawyer will represent you if your dispute goes to court.
