Can My Landlord Evict Me Right Now In California
During the chaos of Covid 19, landlords were unable to evict tenants. Many tenants are wondering, "" or, "Can a landlord evict me without notice?" As of October 1, 2021, any tenant in the state of California may be evicted for any legal reason, this includes failure to pay.
So, what can you do if you have a dispute? What resources are available? These are valid questions, and we have the answers!
- Renter's rights.
- How to kick out a roommate.
- What to do if you receive threats from your landlord?
- State laws regarding the responsibility for repair.
- What the California eviction process looks like.
- What happens if you refuse to leave once evicted?
- How to fight an eviction?
- How to get back deposits.
- How to make complaints against your landlord.
Are you wondering what your renter's rights are in California regarding your lease or tenant agreement? Don't let your landlord manipulate you. You do have certain rights and protections, DoNotPay has answers and solutions to your problems!
How Do I Terminate A Roommate Agreement
Did you have a roommate agreement only to experience later that it was a bad idea? You might be wondering how you can legally kick out your roommate. Don't worry, we can help with that!
- Provide notice in writing that you are ending the current living arrangement.
- Give a deadline by which the roommate and their personal property must be out of the rental.
- You should give at least 30 days.
DoNotPay can make this process simple for you. They have a product that can take care of this time-consuming issue for you.
Threats From The Landlord
Is your landlord threatening to evict you? Are you getting threats from your landlord of eviction or some extra fees unless their demands are not satisfied? These threats can be serious and you will need to be equipped with the right information to protect yourself. You don't have to be bullied or manipulated by unfair scare tactics.
Did you know:
- Harassing a tenant is illegal.
- California state law and local city ordinances have protections in place against harassment.
- Physical, written or verbal harassment has the same goal: to force or coerce the tenant to move out of the rental or "do" something to stay in their home.
- Harassment is typically viewed as a landlord using persistent and aggressive tactics such as, fraud, coercion, or intimidation to get the tenant to do what the landlord wants.
- Harassment is generally meant to disrupt the tenant's legal rights to enjoy their rental or scare the tenant out of pursuing legal action against the landlord.
Before A California Eviction Process Occurs
If you are facing an eviction in the state of California, you may be wondering what the process is before the actual eviction can take place. We can help you understand what to expect in this situation so that you are prepared.
Before a tenant can be evicted, California law requires a landlord to:
|Legally terminate the tenancy.||If the tenant does not move out or fix bad behavior (ie. paying rent or getting rid of an animal or guest), then the landlord can file an eviction.|
|This means, the landlord must first give the tenant written notice.||Serious lease violations do not require the landlord to give the tenant the option of correcting the problem.|
What Happens If I Refuse To Leave After An Eviction?
So, you are being threatened with an eviction and you're about to go through the process. But, what happens if you don't want to leave your home? What if you choose not to leave?
Here's what you can expect:
- An unlawful detainer can be filed in court.
- Landlords will typically have to provide proof they had just cause to evict.
- If the judge rules in favor of the landlord, the sheriff may be called to remove the tenant.
Can I Fight An Eviction
You may find yourself asking the question, "Can I fight an eviction on my own?" While you can try this method, it may not be very effective unless you are familiar with the law and the process you need to follow in order to make your attempt successful. Here are the problems you are likely to face if you don't engage the matter properly:
- You may have to pay all the fees the landlord is requesting.
- You may have to pay court fees and other costs, including lawyer fees, if applicable.
- Your time to vacate may be shortened.
Deposits: Can I Get It Back?
Deposits, renter's pay them as a security for the landlord. But what happens to the money and how do you get your deposit back from the landlord? Are you supposed to get it back, if so, how long does a landlord have to return your deposit?
Landlords want to keep the deposit and here's how they usually try to claim that it is legal:
- The tenant hasn't paid rent.
- There is damage to the rental.
- They need to cover the cleaning costs to get the rental back to a habitable condition.
- They want to use the money to cover any payments that may occur if the tenant violates their lease.
- Or, they may cite other "breaches" of the lease.
Don't worry, DoNotPay can help you sue the landlord for the deposit!
Who Is Responsible For Repairs
From weather-related incidents, to basic maintenance and upkeep- the landlord is responsible for repairs to the property. The landlord has 30 days to respond/complete repairs. If the landlord does nothing to make the necessary repairs, you may be wondering if you can legally withhold rent if the landlord isn't taking care of his/her repair responsibilities.
Did you know that in California landlords must:
- offer and maintain suitable rental homes
- Make sure utilities are in good working order
- provide safe common areas
- provide pest control measures if needed
- withhold rent
- move out without notice
- sue the landlord
- call state or local health inspectors
- exercise the right to "repair and deduct." This happens if a landlord refuses to take care of important repairs in a timely fashion.
How To Make a Complaint Against My Landlord
Everyone is accountable to someone. No one has the right to treat others unfairly. But what can you do to make a complaint against your landlord?
- File a complaint online.
- Call the state housing department and make a complaint over the phone.
How To Defend Your Renter's Rights Using DoNotPay
All you need to do is to
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it! You should hear back from your landlord directly once your demands are sent.
How Else Can DoNotPay Help You?
Don't fight this battle on your own and risk spending extra money and time that you don't have. DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:
- Get back your security deposits
- Learn about your state's eviction laws and what protections apply in your case
- Resolve disputes regarding repairs with your landlord
- Resolve disputes with roommates by filing demand letters or going through small claims court
- Break your lease early