How to Fight an Eviction in California

Knowing the law will help you contest an eviction.

If you fail to pay timely rent, cause excessive disturbance or violate the terms of the lease, you legally may be obligated to be evicted, and you must comply with the law. This is especially the case if you have agreed to this consequence for your actions in the lease. However, if you feel you are unjustly being evicted--for example, due to false accusations of causing a disturbance--you have the right to fight the eviction.

Instructions

1. Pay the full rent you owe, or otherwise remedy the action being sought, as soon as you see an eviction notice tacked to your door. By California law, the landlord must give you an initial notice demanding that you either do something, stop doing something or else vacate. The best thing to do is comply immediately upon getting this notice.

2. Point out to the landlord any failure that the landlord has made in complying with California law when he served you the notice. For example, by California law, if the landlord asks you to pay your back rent or else vacate (and this is the most common reason for eviction), the notice is legally required to tell you exactly how much you need to pay and give you instructions as to where to pay it.

3. Check your lease to see if you have a grace period in paying rent. California law states that the landlord cannot serve you notice of payment or eviction unless the rent is in default, which it is not if you are still within your grace period.

4. Hire a lawyer if your landlord evicts you on the basis of being a "nuisance" or creating a "waste to the premises." These are subjective terms and there is no straightforward way to prove whether or not you are. The landlord will need to defend his decision in a local or state court.

   Legally you must vacate as soon as your landlord decides to evict you for on the condition of "nuisance" or "waste," and you can only fight this later. California law permits the landlord to evict immediately, without notice, on these two grounds.

5. Suggest professional arbitration or professional mediation if you do not want to bear the expense of hiring a lawyer. Most landlords also do not want the expense of a lawyer and will agree to see a professional arbitrator or mediator, which is a cheaper alternative.

References

• Landlord.com: Guide to California Evictions