Tenant Rights Around Unfair Eviction in Southern California
The rights of a tenant who is renting a residence from a landlord are clearly defined regardless of the city, county or state a person lives in. The state of California is one of the most populous states in the country, especially the area between metropolitan Los Angeles and the Mexican border. This area, commonly referred to as Southern California, has numerous counties and districts full of a variety of residence types. The laws regarding an unfair eviction, however, apply to any rental agreement.
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Basic Tenants Right
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Defined legal steps must be taken by a landlord in Southern California before the landlord can evict a tenant. In other words, a landlord cannot simply show up at the door and throw the tenant out without due process. This process requires the landlord to sue in small claims (justice of the peace) court and win a decision. To do this, the landlord must give notice to the tenant of the cause of action, allow the tenant to respond within prescribed timel ines, and present evidence of the tenants lack of compliance or other reasons for the eviction.
Refuting Eviction
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A tenant has the right to refute the cause of the eviction in any small claims court in Southern California. The tenant can halt an eviction if he can prove the landlord's reasons are unfounded. Non-payment of rent can be refuted if the tenant can prove he paid before the eviction notice was issued or that the landlord accepted the payment after the eviction process was initiated. The tenant can also claim unfair eviction if he can prove that the landlord is using eviction as a retaliation for repair requests, as long as the tenant followed the correct procedure for the request (usually in writing) according to the terms of the lease.
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Foreclosure Sales And Tenants Rights
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Southern California has always had one of the most active real estate markets in the nation. Foreclosure trends across the country often lead to unfair evictions, especially when the property sale is not disclosed by the landlord. Public Law 111-22, signed by President Barack Obama in May 2009, requires that all leases must be transferred to the new owner of a foreclosed property, and that the foreclosure is not to be considered "just cause" for eviction. A 90-day notice to vacate is now required under the new law, trumping California state law requirements of 60-day notice.
Section 8 Evictions
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As of 2005, it is unlawful for a landlord in Southern California to evict a Section 8 renter (without just cause) without a 90-day notice. As long as that tenant has not violated the lease, the landlord must give them the required 90 days to vacate. A State Supreme Court ruling (Wasatch Property Management vs. Delgate) led to a revision of traditional practices by landlords who handle Section 8 properties. Many who live in this type of housing in Southern California have been affected by unfair evictions such as these, and this ruling upheld tenants rights to fair notice to vacate.
Assisted Living Evictions
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Situations arise when people living in residential care facilities or other assisted living homes face eviction. The tenant's rights to protection against unfair evictions applies to these people as well, and are defined by the organization California Advocates for Nursing Home Reform. According to the information, there are only five accepted just causes for eviction in these facilities: failure to pay rent, failing to adhere to the facility's written policies (only if they are outlined in the rental agreement), failure to comply with state or local laws, an inability of the facility to meet the resident's care needs (generally requires a medical assessment) and a cessation of the facility's intent to provide assisted living.
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References
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