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Eviction Defense
Eviction Defense in California
Evictions can be scary. Thankfully, however, there are many ways to defend against an eviction. These defenses come in many different flavors. This article will break them down for you. First, however, it is important to know the various types of different evictions.
Eviction Types
In California, most of evictions begin after service of one of the following
A. 3-day notice to pay rent or quit;
B. 3-day notice to cure or quit;
C. 3-day notice of End of tenancy (for cause);
D. 30-day notice of End of tenancy (without cause), or;
E. 60-day notice of End of tenancy (with cause).
3-Day Notice to Pay Rent or Quit
A 3-day notice to pay rent or quit can be served upon a tenant who has not paid the full amount of rent due in the legally agreed time period. The 3-day notice must generally be given personally; if the property owner cannot serve it personally, the property owner may place it in a clear area on the property (where it will be easy to see) and then mail each tenant a copy.
3-Day Notice to Cure or Quit
A 3-day notice to cure or quit is given when a property owner is demanding that a tenant either fix (cure) a violation of the lease agreement or quit. An example would be a property owner noticing that the tenant has animals in the apartment when animals are prohibited. The property owner can demand that the tenant remove the animals from the premises within 3 days or terminate the tenancy. If the tenant does not remove the animals, the property owner can proceed with an eviction.
3-Day Notice of Termination of Tenancy for Cause
A property owner can terminate a tenancy for cause with only a limited 3-day notice of the tenant’s behavior is completely out of line. Examples would be if the tenant is intentionally damaging the property, committing domestic violence or assault against other tenants, or is using the residence for an unlawful purpose (e.g., to sell drugs or illegal firearms).
30-Day Notice of Termination of Tenancy
A property owner does not always have a reason to terminate the tenancy. If the tenancy is a month-to-month, the landlord can generally terminate the tenancy within 30 days written notice. However, the exception to this general rule is AB 1482, which makes it unlawful for a landlord to evict a tenant without just cause if the tenant has been there for more than a year. In addition, a 60-day notice of termination of residency may be required if the tenant has lived there for 1 year.
60-Day Notice of Termination of Tenancy
A 60-day notice of termination of tenancy is required if the tenant has lived there for more than 1 year. However, a 30-day notice is sufficient if the home is exempted from AB 1482 because it is a single-family dwelling, the property owner or a member of their immediate family plans to move in, and the property owner informs the tenant, prior to moving in, of the exemption. Otherwise, a 60-day notice is required. A 60-day notice of termination of tenancy is required if the tenant has lived there for more than 1 year. However, a 30-day notice is sufficient if the home is exempted from AB 1482 because it is a single-family dwelling, the property owner or a member of their immediate family plans to move in, and the property owner informs the tenant, prior to moving in, of the exemption. Otherwise, a 60-day notice is required.
Generally, if the property is exempted from AB 1482 and the lease is month-to-month, the landlord can evict the tenant for any reason (so long as it is not an unlawful reason).
Defenses to Eviction
There are different types of defenses to an eviction. These are:
A. The eviction notice and procedures were not followed in compliance with California law;
B. The eviction is retaliatory;
C. The eviction is illegal because it is because it is the result if discrimination;
D. The eviction is being carried out illegally–for example, the landlord is shutting off your power;
E. You paid your rent in full prior to the 3-day notice to pay rent or quit expiring;
F. The property owner did not maintain habitable premises;
G. The property owner did not follow proper covid-19 eviction laws;
H. The property owner stated reason for eviction is a lie and they are really evicting you for an unlawful purpose
I. The landlord changed or canceled the 3-day notice;
J. The landlord accepted rental money after the 3-day notice;
K. The 3-day notice was defective in that it demanded more money than was owed;
L. The 3-day notice was defective because it demanded utilities or other charges not consisting of rent;
M. You or a member of your household was a victim of domestic violence and the landlord is retaliating against you;
N. You called 911 for emergency help and the landlord is retaliating against you for that purpose;
O. Your landlord is discriminating against you based on your disability.
If you are facing eviction in Sacramento, it is important to have a qualified attorney on your side to assert your legal rights to defend against your eviction. James L. Arrasmith is a Sacramento-area eviction attorney who can help you navigate the complicated eviction process. Call or text us today at (916) 704-3009 for a confidential consultation.
Eviction FAQ
1. What if I Wasn’t Served the 3-Day Notice Correctly?
If this happens, contact our office immediately. There are strict rules that must be followed when serving a 3-day notice, and if the notice was not served correctly, you may have grounds to fight the eviction.
2. How to Defend Against an Eviction?
There are a lot of different ways to defend against an eviction action. Some of the more common ones are listed above. Asserting these rights can be tricky, and the best way to make sure that your rights are correctly asserted is to contact an experienced attorney such as James L. Arrasmith who can help you navigate the eviction process. And the sooner you contact an attorney, the better. Call or text us today at (916) 704-3009 for a confidential consultation.
3. How to Delay an Eviction?
The first thing to do is, again, contact an experienced attorney. There may be grounds to delay the eviction if, for example, you were not served the 3-day notice correctly. But it is important to act quickly, as there are strict time limitations that apply.
4. How Much Does an Eviction Defense Cost?
The costs of an eviction defense vary; however, in general, you can expect to pay attorney’s fees, filing fees, and service of process fees. Thankfully, these fees can sometimes be reimbursable by the landlord, and with a fee waiver, you may qualify for significantly reduced costs in pursuing your defense.
Sacramento Eviction Defense
Are you facing eviction in Sacramento? If so, it is extremely important to have an experienced attorney on your side. James L Arrasmith is a Sacramento-area eviction law attorney and is here to help. Call or text us today at (916) 704-3009 for a confidential consultation.
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