How to Avoid Eviction in California
Landlords within California who want to evict a tenant must comply with the strict requirements of California's eviction laws. Landlords are given little leeway to make mistakes as compared to other civil actions, but evictions are given preferential treatment on the court's calendar schedule to allow landlords to relet the premises quickly. The key to avoiding eviction is to either comply with the landlord's request for rent, to move out voluntarily or to successfully assert a defense in court.
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Instructions
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Move out of the premises before the court date. An eviction lawsuit in California is called an "unlawful detainer" action. As its name suggests, the lawsuit contends that the tenant is in possession of the property without the legal right to do so. If the tenant moves out of the property before the court date, the tenant cannot be evicted since the tenant no longer lives there. However, the landlord can still file a lawsuit for any unpaid rent or damages.
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Perform the act requested in the eviction notice if given the option to do so. Most tenants are evicted for not paying rent. The eviction process in such a situation is initiated by a written demand for the rent within three days of the notice. Pay the rent within the 3-day period specified in the notice to avoid eviction. Other common lease violations include subletting or assigning the premises, or having a pet. Avoid the eviction by complying with the request.
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Fight the eviction lawsuit by asserting a defense. California provides tenants with a number of defenses to an eviction case. The defenses generally fall into one of two categories: procedural defenses and substantive defenses. A procedural defense attacks the process followed by the landlord to evict a tenant. Common examples include using the wrong eviction notice, filing the lawsuit in the wrong court, not filling out the lawsuit paperwork correctly, and not serving the lawsuit paperwork correctly. Examples of substantive defenses include illegal discrimination, fraud and a failure of the landlord to provide habitable living conditions. These defenses can be complex, so consult an attorney for guidance.
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