24 Jul Landlord Laws | Frequently Asked Questions
Landlord Laws | Question #1:
I reported my landlord to the city for not making repairs and causing a sewage leak, and now he’s kicking me out.
Can I be evicted if I turn my landlord in because my apartment is rat infested?
A landlord may try to evict a tenant because the tenant has excessed a legal right or has complained about a problem in the rental unit. In either situation, the landlord’s action is said to be retaliatory because the landlord is punishing the tenant for the tenant’s exercise of a legal right. the landlord has a retaliatory motive if the landlord seeks to evict the tenant (or takes other retaliatory action) within six months after the tenant has exercised any tenant rights. Even if the landlord proves that he or she has a valid reason for the eviction, the tenant can prove retaliation by showing that the landlord’s effort to evict the tenant is not in good faith. Therefore, the landlord will not have a strong case against you in order to evict you from the unit.
Landlord Laws | Question #2:
Can a tenant be evicted in California for trying to assault another tenant on the apartment property?
A legal reason in order to evict someone can fall under Nuisance. Tenant has caused or is causing a nuisance, causing physical damage to the rental unit or to the common areas; or is engaging in conduct that is creating an unreasonable interference with the comfort, safety or enjoyment of the tenants or neighboring community. You as a tenant have a right to make a nuisance complaint to the landlord, preferably in writing, in order to put the landlord on notice about the nuisance. It will be within the landlord decision on whether or not to evict the tenant under Nuisance.
Landlord Laws | Question #3:
I received a three-day notice to pay or quit but there is no dates on it. Is this still valid?
3 DAY PAYMENT OF RENT
When a tenant is given a 3 day to pay or quit for non payment of rent, the tenant has 3 days to pay the rent amount requested in the notice. If the tenant does not pay, the landlord will then start the eviction proceeding against you for non payment of rent. A tenant is allowed to try to pay the requested rent amount during the eviction proceeding, however the landlord has the right to not accept the rent, since the payment of rent is now late and there is a lawsuit pending. If however the landlord accepts the rent, then the eviction proceeding becomes defective, since the rent payment has now been accepted.
Landlord Laws | Question #4:
The notice must: (1.) Be in writing; (2.) Say the full name of the tenant or tenants; (3.) Say the address of the rental property; (4.) Say exactly how much rent the tenant owes* (the notice can not go back more than 1 year, even if the tenant owes back rent for a longer time, and cannot include any amount other than back rent); (5.) Have the dates the overdue rent is for; (6.) Say that this rent must be paid in full within 3 days of receiving this notice or the tenant must move out (do not count Saturdays, Sundays, or court holidays as part of the 3 days); (7.) Say the days and times the tenant can pay the rent he or she owes, and the address he or she can pay it at; and (8.) If the tenant can pay the back rent by mail, give the address the tenant should send the money to.
If these requirements are not met, then the notice is defective.
Landlord Laws | Question #5:
What do I do if I am being illegally evicted, do I file a police report?
Can the owner of the apartment kick me out?
The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant’s belongings in order to carry out the eviction. The landlord must use the court procedures. If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant’s damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods
If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in Superior Court.
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The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. It is highly recommended that you seek advice from an attorney by setting up a confidential meeting. All who read this answer should not rely on the answer to govern their conduct.