As a renter in any type of property, it is critical to know one’s rights. There are a variety of rights granted to tenants to make sure that their homes are in good, livable condition and they are treated fairly. While this is generally true, the laws vary by state, so renters should always check their legal rights according to where they reside. This article will discuss wrongful eviction in California.
If going through with an eviction, there are procedures landlords must follow. In particular, do not ever assume a landlord can take the law into their own hands. Doing so is called a self-help eviction, and it is illegal. Examples of self-help, illegal, eviction actions are: turning off any utilities, taking tenant belongings, or locking a tenant out of the property or removing safe access to the property such as removing doors. These procedures are wrong and retaliatory.
In California, notice of three days is required from landlords in very specific circumstances in which a tenant can safely move out without retaliation. Even when serving three days’ notice, there are only specific circumstances when that is legal as well. Landlords must follow legal procedures to enact an eviction, and if they do not act through the court system they open themselves to a wrongful eviction lawsuit.
Conditions of a Wrongful Eviction Lawsuit
If a landlord is trying to evict by making a property unsafe to live in, one hundred dollars ($100) can be collected for every day these tactics are employed. Damages can also be sought, as well as expenses related to the conditions, such as motel expenses accrued from living outside of the property.
Tenant lawyers are experienced in representing clients in wrongful eviction lawsuits. It is definitely a good idea to seek representation if subjected to unlawful conditions so that fair representation is achieved. Evictions which are unlawful or handled outside of the court system cannot stand and legal action is warranted. A landlord who does not uphold his legal responsibilities is not a safe person to be renting to anyone and should be held to a legal standard to ensure that he will not continue to act in retaliatory ways toward any current or future tenants.
In wrongful eviction cases, it is best to find a lawyer with experience who will fight in the best interest of tenants and not landlords. These legal representatives are willing to fight unfair practices. Click for more information.