California Landlord Penalties for Eviction
To evict tenants in California, landlords must follow the state's eviction procedures. Landlords who evict tenants illegally based on retaliatory measures against tenants who exercise their legal anti-discrimination rights or evict tenants through illegal self-help measures without obtaining a judicial order for unlawful detainer may face civil and criminal sanctions.
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California's Eviction Requirements
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Landlords must give month-to-month tenants a 30-day eviction notice. Landlords must provide tenants with a longer lease term 60 days of notice. Landlords who evict tenants based on nonpayment of rent must give tenants a three-day period to settle the delinquency. If tenants do not settle the outstanding balance within this window, then landlords may file an "Unlawful Detainer" with the local circuit court clerk's office. Unlawful detainers are motions to evict for a tenant who unlawfully remains in the landlord's property after the landlord's notice to vacate or pay the outstanding rental delinquency or cure the lease violation. All notices must be in written form and personally delivered to the tenant by a process server or sheriff or by "nail and mail" where the notice is posted on the tenant's door and mailed to the tenant's legal address if personal service is not possible.
Illegal Actions
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Landlords may not physically remove property or change locks, discontinue utility services or use other self-help measures to evict tenants. California landlords must comply with the state's eviction laws. Landlords may not retaliate against tenants for exercising their fair housing rights under the Fair Employment and Housing Act. Tenants who are victims of unfair housing practices by a landlord can file for damages against the landlord. Landlords face civil and criminal penalties for failing to provide fair housing to tenants or retaliating against tenants exercising their legal rights.
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Repair and Deduct Penalty
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California law allows tenants to "repair and deduct" amounts from their rental payments, limited to one month's rent, to cover damages or defects when the landlord breaches the legal warranty of habitability. The remedy allows the tenant to repair and deduct up to twice a year after the tenant provides the landlord with notice of the violation and opportunity to correct damages. Landlords cannot retaliate against tenants exercising their rights to repair and deduct from rent. Legally, if a landlord responds to the tenant's deduct and repair remedy by increasing rent, seeking eviction or any other action that could be considered retaliatory within six months of the tenant's exercise of the tenant's legal rights, then California law automatically assumes the landlord is acting in a retaliatory and illegal manner. In this case, tenants who exercise their rights may also sue their landlords in court for constructive eviction and may sue for up to $7,500 in small claims court. Constructive eviction occurs when the landlord's nonrepair and retaliatory actions are so unreasonable that any tenant could not continue renting from that landlord and moves out without any notice.
Monetary Penalties
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Landlords who evict tenants for exercising their repair and deduct remedies or any other legal right can face fines of $100 for each day the landlord used these unlawful procedures. Landlords who violate federal laws can face criminal penalties that are prosecuted through the federal or state's Department of Housing, the U.S. Department of Justice or state's Attorney General's office. The specific criminal sentence or penalty depends on willfulness and the discrimination charges. Landlords can be held liable for willful or intentional damages.
Considerations
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Since real estate laws frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
Resources
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