Tenant's Rights in California Evictions
Putting someone out of their home is a serious matter, and in California, tenants are given a number of protections against illegal evictions. Tenants are entitled to notice that their landlord plans to file an eviction against them. They are also entitled to a court hearing, as well as notice from the sheriff as to when the eviction will be enforced. Tenants are also able to take action against landlords who do not follow the evictions process properly or who instigate illegal evictions.
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Notice
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In California you have a right to notice before a landlord can file an eviction case against you. If you are a month-to-month tenant and have been in your home for less than a year, your landlord can give you notice that your agreement will terminate in 30 days. If you have been in your home for more than a year, your landlord must give you 60 days' notice. If you have a lease and you have either failed to pay rent or violated your lease in some way, your landlord must give you a notice that gives you three days to move out of your home. In some cases, the three-day notice may give you a chance to correct a problem or pay back rent. If your landlord does file for eviction, you are entitled to receive a court summons. The summons will inform you of your court date and to which courtroom you need to report. If your landlord fails to property complete the information in the summons, or doesn't serve it to you in accordance with the law, you can ask for a "demurrer" or a "motion to quash," which delays your case and may force your landlord to start the eviction process over again.
Court Hearing
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An eviction can only be issued via a court order. You have a right to a hearing before a judge so that you can present your side of the story. If you are deaf, you have the right to ask for a sign-language interpreter. The court does not provide interpreters for those who do not speak English, so if this is a concern, bring someone who can interpret for you. You will also be required to pay a court fee when you file your response to the eviction. If you cannot afford the court fee, you can file a form asking the court to waive the fee.
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Wrongful Eviction Suit
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If you believe that your landlord is trying to evict you illegally, you can file a wrongful eviction lawsuit against your landlord. If you win, you can collect both your own costs and expenses, as well as punitive damages from your landlord.
Stay of Eviction
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If you have good reason to request extra time in your home after eviction, you can file in court for a "stay of eviction." This does not nullify your eviction--you will still have to move--but you can get some additional time to find a new place to live or store your belongings. There are no preprinted court forms for a stay of eviction, so your best bet is to speak to a lawyer. You may be entitled to free or low-cost legal advice from your county's legal aid society or your local tenant union.
Utility Shutoff
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It is illegal for a landlord to shut off your utilities, remove your property or change the locks on your home in order to force you and your family out. In fact, it is illegal for your landlord to do any of these things, even if you have been evicted. In California, only the sheriff can enforce an eviction. According to California Civil Code 789.3, if your landlord does this, you can sue him for any costs you incur because of his behavior, plus $100 per day.
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References
- Photo Credit US Supreme Court image by dwight9592 from Fotolia.com
