Being evicted from your home can be an overwhelming and devastating experience. Unfortunately, some landlords in California resort to illegal tactics to displace tenants, disregarding the law and the rights of renters. If you’re a tenant in California, it’s essential to know your rights and recognize what constitutes an illegal eviction. Knowledge is your first line of defense against abusive practices.
What Is an Illegal Eviction?
An illegal eviction occurs when a landlord tries to remove a tenant without following California’s strict legal procedures. The law clearly protects renters from unjust or arbitrary actions. Landlords must adhere to specific legal steps, and any violation of these may be grounds for legal action.
Common Illegal Eviction Tactics
Landlords who attempt to bypass the law often use the following tactics:
- Lockouts: Changing the locks to deny you access to your home.
- Utility Shutoffs: Turning off water, gas, or electricity in an attempt to force you out.
- Threats or Harassment: Using intimidation, verbal threats, or repeated harassment to pressure you into leaving.
- Improper Notice: Failing to provide the legally required notice before beginning an eviction process.
- Self-Help Evictions: Removing your belongings or forcibly removing you without a court order.
If you’ve experienced any of these tactics, it’s crucial to understand that you are protected under California law and these actions are illegal.
Tenants’ Rights Under California Law
California offers some of the strongest tenant protections in the country. Whether you rent an apartment, house, or any other residential property, you are entitled to certain rights.
Due Process in Evictions
Under California law, a landlord cannot evict you without completing the legal eviction process. This includes:
- Providing Proper Notice: The landlord must give written notice, such as a 3-Day Notice to Pay Rent or Quit or a 30-Day Notice to Terminate Tenancy for valid reasons.
- Filing an Unlawful Detainer Lawsuit: If you do not comply with the notice, the landlord must file a lawsuit in court. You have the right to contest the case in court.
- Obtaining a Court Order: The landlord cannot physically remove you or your belongings without a court-authorized order executed by law enforcement.
Failure to follow these steps constitutes an illegal eviction, and tenants have the right to fight back.
Retaliation Is Illegal
It’s unlawful for a landlord to retaliate against tenants for exercising their rights. Activities such as filing complaints about uninhabitable living conditions or joining a tenant union are protected actions. If your landlord attempts to evict you in response to such actions, it’s considered retaliation, which is illegal under California law.
Just Cause Protections
California’s Tenant Protection Act of 2019 introduced “just cause” eviction protections. This means a landlord must provide a valid reason for evicting a tenant, such as failure to pay rent, violating lease terms, or the landlord needing the property for personal use. If these reasons do not apply, any eviction attempt may be unlawful.
Steps to Take if You’re Facing an Illegal Eviction
If you believe you’re being subjected to an illegal eviction, take swift action to assert your rights:
1. Document Everything
Keep detailed records of any interaction with your landlord, including threatening messages, interruptions to utilities, or notices received. Photos, videos, and written communications can be invaluable as evidence.
2. Contact Local Housing Authorities
California has organizations and tenant advocacy groups that can provide guidance and support. Local housing authorities can also investigate illegal landlord actions and mediate disputes.
3. Know the Law
Familiarize yourself with California’s landlord-tenant regulations. Resources like California Civil Code Section 1940 and the Tenant Protection Act outline your rights in detail.
4. Refuse to Leave Without a Court Order
You are not legally required to leave your home unless a court has issued an eviction order. Stand firm and do not be intimidated by threats or harassment.
5. Seek Legal Assistance
Illegal evictions often require professional legal intervention to stop unlawful actions and hold landlords accountable. A skilled attorney can help you fight back, secure damages, and uphold your rights.
Holding Landlords Accountable With a Los Angeles Tenant Rights Attorney
Illegal evictions harm not only tenants but also entire communities. When landlords exploit their position to bypass the law, they must be held accountable. Tenants have the right to live in peace without fear of harassment or wrongful displacement.
At Riley Ersoff, we stand as fierce advocates for California tenants. Our attorneys are dedicated to empowering tenants and fighting against abusive landlords. Your home is your sanctuary, and we are here to help you defend it.
If you believe you’re facing an illegal eviction, contact us today at (888) 658-9695 to learn more about how we can assist you.
