What are my rights as a tenant if my landlord is trying to evict me in California?
As a tenant in California, you have certain legal rights that protect you from being unjustly evicted from your rental property. The landlord must follow specific legal procedures before they can evict you, and failing to adhere to these procedures can result in the eviction being illegal. Below are some of the key rights that you have as a tenant facing eviction in California:
- Proper Notice: Your landlord must provide you with proper written notice before they can evict you. For month-to-month tenancies, the notice must be at least 30 days in advance, while longer-term leases may require up to 60 days' notice. The notice must also state a valid reason for the eviction, such as failure to pay rent or violating the lease agreement.
- Court Order: If you do not move out of the rental property after receiving a proper eviction notice, the landlord cannot forcibly remove you without a court order. A landlord must file a lawsuit and obtain a judgment to evict you legally. You have the right to contest the eviction in court, and a judge will make a decision based on the evidence presented.
- Retaliation Prohibition: A landlord cannot retaliate against a tenant for exercising their legal rights, such as making a complaint to a government agency or joining a tenant organization. If the landlord is trying to evict you in retaliation for exercising your legal rights, you may be able to defend against the eviction.
- Habitability: A landlord must keep the rental property reasonably habitable and fix any major maintenance issues. If the landlord fails to do so and the property becomes uninhabitable, you may be able to defend against the eviction.
- Discrimination: A landlord cannot evict you based on your membership in a protected class, such as race, religion, or gender.
It is important to note that there may be limitations or exceptions to these rights, depending on the specific circumstances of your eviction case. If you are facing eviction, it is highly recommended that you seek legal advice from a licensed attorney to ensure that your rights are defended properly. Additionally, if you have received an eviction notice or been served with court papers, you should respond promptly, as failure to do so could result in a default judgment against you.