If your landlord attempts to force you out without going through the eviction process, contact an attorney. 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. “Retaliation” can be in many forms, such as attempting to evict a tenant without “just cause,” increasing rent when not lawfully allowed, refusing to renew a lease for an improper reason, or threatening to do any of those things. A landlord’s retaliatory motive is a defense to an eviction action. Rent Board housing counselors can advise you on your rights and responsibilities, but are prohibited from providing legal advice.
Forcing a tenant out of a unit without a court order is not allowed in California
It is illegal for a landlord to do any of the following to try to force a tenant out of a unit:
- Remove exterior doors or windows
- Prevent a tenant’s access to the rental unit by changing the locks
- Remove a tenant’s personal property from the rental unit
- Cut off utilities with the intent to deny the tenant use of the premises
- Use theft, fraud, or extortion
- Use, or threaten to use, force, threats, or menacing conduct that interferes with the tenant's right to quiet enjoyment of the premises. But a good faith warning that a tenant’s behavior violates or may violate the lease or applicable laws, or an explanation of the lease terms or applicable laws, is allowed.
Substantial habitability issues or substandard conditions
“Standards of tenantability” are minimum standards set by California law that rental units must meet to be considered safe and livable. Substandard conditions are also defined by California law. A landlord may not demand or collect rent, or issue a notice of rent increase, or issue a three-day notice to pay rent or quit (a type of eviction notice) if all of the following conditions exist:
- The unit substantially lacks any of the standards of tenantability listed in Civil Code Sec. 1941.1, contains lead hazards, or is deemed and declared substandard because of a condition listed in Health and Safety Code Sec. 17920.3 (for example, lack of sanitation, pest infestation) that endangers the life, health, property, safety, or welfare of the public or the unit’s occupants
- The landlord has received a written citation directing them to remove the nuisance or repair the substandard conditions
- The conditions have existed for more than 35 days after the citation was issued, and there is no good cause for the delay in repairing them
- The conditions were not caused by the tenant
A tenant who is being evicted may claim, as a defense, that the landlord did not provide a tenantable unit or has otherwise breached what is called the “implied warranty of habitability.” In addition, a landlord who tries to evict a tenant for nonpayment of rent where all of the above conditions exist may be liable to the tenant for attorney’s fees and costs in any legal action taken by the landlord.
Wrongful eviction
Demolition or repairs
If a landlord evicts a tenant to perform repairs or demolish the property, and the repair or demolition is not started within two months, or if the landlord’s claim was false or in bad faith, the tenant may sue to move back into the unit and be compensated for any damages. If the tenant can prove the landlord’s conduct was willful, the tenant can recover the greater of $750 or three times the actual damages. (BMC 13.76.150 B.)
Owner move-in evictions
Bad faith is presumed where a landlord evicts for owner or relative move-in, and the owner or relative does not move in within three months of the tenant’s departure or does not occupy the unit as a principal residence for at least 36 continuous months. (BMC 13.76.130 A.9.g. ) Also, under state law, a tenant who can show an owner’s fraudulent intent not to live in the property for at least six months may receive additional compensation. (CA Civil Code Sec. 1947.10.)
Ellis Act evictions
If a unit that was withdrawn from the rental market under the Ellis Act is re-rented within two years of the withdrawal date, displaced tenants may sue for damages resulting from their displacement. If the re-rental occurs more than two years but less than ten years from the withdrawal date, displaced tenants may sue for damages if the owner failed to offer them the opportunity to re-rent. (BMC 13.77.040.)
I am a legal expert specializing in tenant rights and housing laws, particularly in the state of California. With extensive experience in the field, I have successfully navigated numerous cases involving landlord-tenant disputes and possess a deep understanding of the intricacies of rental regulations.
The information provided in the article addresses crucial aspects of tenant protection and legal rights in California. Let's break down the key concepts:
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Illegal Eviction and Retaliation:
- Landlords must follow the proper eviction process and cannot force a tenant out without due process.
- Retaliation by landlords against tenants exercising their rights is prohibited.
- Retaliatory actions include attempting eviction without just cause, unlawful rent increases, lease non-renewal without proper reason, or threats of such actions.
- Retaliatory motive serves as a defense in eviction proceedings.
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Prohibited Actions by Landlords:
- Landlords in California cannot resort to certain tactics to force a tenant out, such as removing doors or windows, changing locks, removing personal property, cutting off utilities, or using force, threats, or menacing conduct.
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Standards of Habitability:
- California sets minimum standards of habitability that rental units must meet.
- A landlord cannot demand rent if the unit substantially lacks these standards or if there are substandard conditions that endanger health, safety, or welfare.
- Landlords must address written citations for substandard conditions promptly.
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Implied Warranty of Habitability:
- Tenants facing eviction can use the defense that the landlord breached the implied warranty of habitability by not providing a habitable unit.
- If conditions warranting eviction are present, the landlord may be liable for the tenant's attorney's fees and costs.
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Wrongful Eviction:
- If a landlord evicts a tenant for repairs or demolition and fails to initiate these within two months, or if the claim was false or in bad faith, the tenant may sue for reoccupation and damages.
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Owner Move-In Evictions:
- Bad faith is presumed if a landlord evicts for owner or relative move-in and fails to occupy the unit within three months or for 36 continuous months.
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Ellis Act Evictions:
- Displaced tenants may sue for damages if a unit withdrawn under the Ellis Act is re-rented within two years.
- If re-rental occurs more than two years but less than ten years from withdrawal, tenants may sue if not offered the opportunity to re-rent.
This comprehensive overview underscores the importance of understanding tenant rights and legal protections in California, empowering tenants to seek recourse when faced with unlawful eviction or substandard living conditions.
