Wrongful EvictionLitigation: It's What We Do.
Wrongful Evictions Attorney in Calabasas
Tenant Rights in California: Illegal Eviction
When you agree to rent a property, you are entitled to certain legal rights as a tenant. If a landlord suddenly decided they wanted their tenant off their property, they would have to follow several steps that honor the rights of that tenant before they can legally evict them.
Ways That Landlords Attempt Eviction
In an attempt to sidestep these rules, landlords sometimes resort to underhanded mistreatment of their tenants to force them off the property.
For example, landlords might change the locks, turn off the power, or relocate the tenant’s belongings all in an effort to get the tenant to move out. These actions are called self-help eviction tactics and they, along with other unlawful evictions, can have serious repercussions.
What Do I Do if I Was Wrongfully Evicted?
If you think you were wrongfully evicted from a property, make sure you know your rights. There are state and federal laws designed specifically to protect tenants from unfair treatment, not the least of which includes wrongful eviction.
If you dealt with a wrongful conviction in Calabasas, our attorneys are here to help. We have handled several cases during our 50 years in practice and our Calabasas wrongful eviction attorney the experience and legal knowledge necessary to represent your interests. If you choose to work with our firm, you can rely on us to walk you through each step of the legal process with compassion and dedication. We are here for you.
Landlord Responsibility in California Evictions
Landlords must follow proper protocol, per state and local laws, if they wish to legally evict a tenant.
The tenant must have:
- Broken their lease agreement
- Substantially damaged the property
- Been involved in criminal activity
- Or permitted or created a nuisance on the property, to name a few
If a landlord fails to follow protocol and attempts to evict a tenant without just reason, without notice, or through other unlawful means, they could be at fault for an illegal eviction. Contact us online to schedule a free initial consultation with our Calabasas wrongful eviction lawyers.
What is the Process for Lawful Eviction in California?
If a landlord has just cause to evict, they must first provide the tenant with a written notice. According to the California Code of Civil Procedure 1161(3), the tenant can be evicted if they violated the lease or rental agreement, but the landlord must provide a 3-day notice to “cure or quit.” If the tenant does not make the necessary changes, the landlord can also file an eviction lawsuit, also called an unlawful detainer suit.
While California has broader laws about evictions, it's important to remember there are also city-specific requirements that must be met if a landlord wishes to end a tenancy. These specific rules can vary from city to city, and may also depend on property type, duration of the tenancy, and other factors, so it's always best to discuss the particulars with a knowledgeable tenancy law attorney who can assess the laws applicable to your area.
What is an Illegal Eviction?
Tenants have certain rights when it comes to evictions. Potential grounds for an unlawful eviction include:
- The landlord fails to serve notice of eviction
- The landlord does not wait the appropriate span of time from the date of the notice of eviction before filing an eviction lawsuit
- The landlord failed to maintain the unit
- The landlord discriminated against the tenant
If you believe you have been wrongfully evicted from a rental property, you have every right to learn more about the circumstances of that eviction to determine whether you have a case. If you were illegally evicted, you may be able to make a civil claim or file a lawsuit and pursue damages.
Damages for Unlawful Eviction in California
The potential damages for an unlawful eviction case in California can vary but may include:
- Statutory damages
- Actual damages
- And other related expenses, such as attorney fees
What Are Actual Damages?
Actual damages include housing costs, increased rent as a result of moving, and other expenses associated with displacement. Actual damages may also include compensation for pain, suffering, or inconvenience.
What Are Statutory Damages?
Statutory damages, on the other hand, are only awarded if it can be proven that the landlord acted maliciously, in which case the court could award damages per day or violation.
If you think you have an unlawful eviction case in Calabasas, California, our firm is here to help. We can help listen to your story, conduct additional research, and strategize to create a legal plan that best serves your interests and pursues justice on your behalf. Everyone has a right to a safe, fair living situation, and if your landlord took advantage of you, we want to help make things right.
Get in touch with our team at Gaines & Gaines to schedule a free consultation with our firm.