Can a Landlord in California Evict You for Any Reason?
California's eviction process is regulated by a number of laws referred to as the landlord and tenant act. One area that these laws cover is the legal eviction process. Eviction is not an allowed legal remedy for every landlord and tenant dispute that occurs, so knowing allowable eviction reasons can help you protect your rights as a renter.
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Legality
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California's landlord and tenant laws prohibit lease termination without cause except at the end of the lease term. For example, a month-to-month tenant can have his lease terminated with a 30-day notice, as these types of leases do not have a fixed length. California allows eviction for cause for nonpayment of rent, violating a lease rule and refusing to remedy the problem, lowers the property value through damage or trash, infringes on the quiet enjoyment of other tenants and neighbors or performs illegal activities in the residence. Almost all California evictions must start with a termination notice written and served by the landlord or his agents. The exceptions to this rule include tenants staying after a fixed length lease has ended, without renewing the lease, the tenant doesn't leave after he gives the landlord a termination notice or if the tenant is an employee of the landlord and gets fired.
Effects
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When a landlord files an eviction lawsuit, he is suing for legal possession of the rental unit. Under a rental agreement, the landlord has limited rights of entry and possession, as most of those rights are transferred to the tenant for the length of the lease. If a tenant does not leave after the termination notice period, the landlord files the eviction lawsuit, also known as an unlawful detainer.
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Recourse
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If the landlord is attempting to evict a tenant for an illegal cause or without cause, such as for discrimination, the tenant can present evidence at the eviction hearing to prove this. The tenant may also point out any deficiencies in the eviction process, such as improper service of legal papers. If the landlord forced the tenant out of the home by locking him out or harassing him, the tenant can file a suit for monetary damages against the landlord.
Remedies
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Some termination notices provide the tenant with a way to cure the problem. A common way to stop an eviction is to pay the landlord the back rent owed. If the landlord accepts rent money from the tenant during the eviction trial, the eviction will be dismissed. The lease also can be reinstated if the tenant fixes the lease clause that he was breaching and proving it is fixed.
Considerations
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An eviction judgment affects the tenant's credit rating and is also a matter of public record, so it shows up on background checks. If the tenant leaves during the termination notice period, the eviction does not show up as no filing is needed. In addition to decreasing a tenant's credit score, other landlords will be hesitant to rent to someone with a recent eviction or unpaid eviction judgment.
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