How do I fight a wrongful eviction in California?

To fight a wrongful eviction in California, you must actively respond to the Unlawful Detainer lawsuit filed by your landlord and present strong legal defenses in court. Understanding your rights and the specific reasons for the eviction notice is crucial.

Understanding the Unlawful Detainer Process

In California, an eviction is formally called an "Unlawful Detainer" lawsuit. This legal process begins after your landlord serves you an eviction notice. If you don't comply with the notice (e.g., pay rent, move out), the landlord can file a lawsuit. Your primary opportunity to fight the eviction is by filing an "Answer" to the Unlawful Detainer complaint within the strict five-day deadline (weekends and holidays included).

Key Defenses Against Wrongful Eviction in California

Tenants in California have several powerful defenses they can raise to challenge an eviction. These defenses aim to prove that the landlord's eviction claim is not legally valid or that the landlord has violated your rights.

Here are common defenses you might use:

1. Improper Notice Was Not Served

A landlord must follow strict legal procedures when serving an eviction notice. If the notice is incorrect or not properly served, it can be a strong defense.

• Insufficient Time: The notice might not provide the legally required amount of time (e.g., a 3-day notice to pay rent or quit, or a 30/60-day notice for lease termination without cause).
• Incorrect Information: The notice might contain errors, such as the wrong amount of rent owed, an incorrect tenant name, or an improper address.
• Improper Service: The landlord might not have delivered the notice to you correctly (e.g., not personally served, not mailed and posted properly, or served to the wrong person).

2. Rent Was Paid or Offered According to My Understanding

If the eviction is based on unpaid rent, but you have proof of payment, or you attempted to pay the rent and it was refused, you have a strong defense.

• Proof of Payment: Keep records of all rent payments, including receipts, bank statements, canceled checks, or money order stubs.
• Tender of Rent: You offered to pay the full amount of rent owed, but the landlord refused to accept it.
• Dispute Over Amount: There was a legitimate disagreement about the amount of rent due, and your understanding was reasonable.

3. Property Conditions Make Unit Uninhabitable (Habitability Defense)

Landlords are legally required to maintain a safe and habitable living environment. If your landlord failed to make necessary repairs, you might have a defense, especially if you followed the proper legal steps to notify them.

• Serious Defects: The property has major issues like lack of hot water, a broken heater, pest infestations, mold, or structural problems that make it unsafe or unhealthy.
• Failure to Repair: You notified the landlord in writing about the conditions, and they failed to make repairs within a reasonable timeframe.
• "Repair and Deduct" or "Rent Withholding": In specific, limited circumstances, California law allows tenants to pay for repairs themselves and deduct the cost from rent, or to withhold rent, but this must be done very carefully and legally.

4. Landlord Seeks to Unlawfully Retaliate Against Me

California law prohibits landlords from retaliating against tenants who exercise their legal rights.

• Tenant Rights Exercised: You complained about unsafe living conditions, requested repairs, joined a tenants' union, or reported a landlord's illegal activity.
• Timing of Eviction: The eviction notice was served shortly after you engaged in a protected activity, suggesting a retaliatory motive.

5. I Have Tried to Reasonably Resolve This Dispute

Demonstrating your efforts to resolve the issue amicably before legal action can sometimes strengthen your case, especially in showing good faith.

• Communication Records: You have emails, texts, or letters showing you attempted to discuss and resolve the issues with the landlord.
• Mediation Attempts: You proposed or participated in mediation to settle the dispute outside of court.

6. An Eviction Would Cause Extreme Hardship

While not always a standalone defense against a valid eviction, showing extreme hardship can sometimes be a factor, particularly in specific local ordinances or during states of emergency, or in discussions about potential settlement.

• Vulnerability: You or a household member has a disability, serious illness, or other circumstances that make moving extremely difficult or dangerous.
• Lack of Alternatives: There are no comparable housing options available, or moving would lead to homelessness.

Steps to Fight a Wrongful Eviction

If you receive an Unlawful Detainer summons and complaint, swift action is essential.

1. Do Not Ignore the Lawsuit: You have only five calendar days (including weekends and holidays) to respond by filing an "Answer" with the court. Failing to respond will result in a default judgment against you, meaning you will lose automatically.
2. Gather Evidence: Collect all relevant documents:
   • Lease or rental agreement
   • Proof of rent payments (receipts, bank statements)
   • Communication with your landlord (letters, emails, texts)
   • Photos or videos of property conditions
   • Eviction notices and the Unlawful Detainer summons
3. Seek Legal Assistance: Fighting an eviction is complex. Contact a legal aid organization, a local tenant's rights group, or a private attorney specializing in landlord-tenant law immediately. They can help you understand your rights, identify valid defenses, and prepare your Answer.
4. File Your Answer: Your attorney or a legal aid representative can help you complete and file the "Answer" form (UD-105) with the court, outlining your defenses. Ensure a copy is served on your landlord or their attorney.
5. Prepare for Court: If the case proceeds to trial, be prepared to present your evidence and testimony.

Remember, every eviction case is unique, and the specific defenses that apply will depend on the facts of your situation. Prompt action and legal guidance are your best tools for fighting a wrongful eviction in California.