Retaliatory Evictions In California

What Is A Retaliatory Eviction? Retaliatory eviction arises when the eviction is intended to punish the tenant because the tenant committed a legal act. It is illegal for a landlord to retaliate against a tenant California tenant who has exercised a legal right, including: • complaining to the landlord about unsafe or illegal living conditions…

Use Of Discovery Tools In California Unlawful Detainer Actions

Discovery is a way to obtain information from the other side to help prepare for trial and minimize the chances of an unexpected surprise at trial. Discovery is an optional phase of the California unlawful detainer eviction process. If either the landlord or tenant sends discovery questions to the other side, responses will be required…

Constructive Evictions And How To Avoid Them

What Is A Constructive Eviction? In California, there is an implied warranty of habitability requiring the landlord to provide rental property conditions fit for the occupation of human beings. The rental property in question must comply with or exceed California health and building code standards that materially affect a tenant’s health and safety. Constructive eviction…

Summary Of Landlord’s Right To Enter Rental Unit

When Can a Landlord Enter a Rental Unit? As the landlord, do you possess the right to enter your tenant’s home whenever you want? The short answer is “No”, since such a rule would infringe on the tenant’s privacy rights and his or her rights to quiet enjoyment of the premises. California Civil Code section…

What Is “Just Cause” To Evict Under California Law?

Landlords of non-exempt property seeking to evict a tenant need to show “just cause” for the eviction when (1) all tenants have continuously and lawfully occupied the unit for 12 months or longer; or (2) at least one tenant has continuously and lawfully occupied the unit for 24 months or longer. “Just cause” essentially means…

Is Relocation Assistance Available To California Tenants?

What Is Relocation Assistance? Relocation assistance is compensation landlords must pay to tenants when they are displaced from their units through no fault of their own. In California, the events triggering the right to relocation assistance include: the owner’s plan to move himself or a family member into the residence, withdrawal of the unit from…

Disadvantages Of Renting To A Section 8 Tenant

The Section 8 Voucher Program is a tenant-oriented rental assistance program offering subsidized housing for low-income tenants. The main advantage the program offers for landlords is that the program pays the landlord directly for most of the rent charged to the tenant on a monthly basis. There are, however, several unique challenges faced by landlords…