How to Sue Your Landlord In California and Win
As a tenant in California, there is nothing as terrifying as being unlawfully evicted from your rented house. Therefore, it is paramount that you understand your landlord protection rights to help you know what to do in such situations, and when to file a complaint. Apart from being evicted, you can also find yourself in situations like:
Arguably, being familiar with your landlord protection rights may not be enough to adequately help, since the suing process can be quite intimidating and daunting. However, with , this shouldn't be an issue for you. We offer a faster, more convenient, and less frustrating way to file for a landlord protection dispute.
Eviction Laws in California
As a tenant, many factors could result in your landlord deciding to evict you. However, before the landlord goes ahead to evict you, he should provide you with a thirty, sixty, or three-day depending on the situation. For instance, according to the California eviction laws, a tenant can be given a three-day eviction notice if:
- They failed to pay rent
- They engaged in any unscrupulous activity like drug dealing of any kind
- They vandalized the rental property
- They interfered with any of the tenants
- They used the rental premises unlawfully
- They stalked another tenant
- They committed domestic violence or sexual assault
- They unlawfully conducted weapons or ammunition within the premises
- They used the building for dogfighting and or cockfighting
If a tenant has lived within the premises for at least 12 months, then a 60-day notice is in order. On the other hand, if a tenant has lived within the premises for less than 12 months, then a 30-day eviction notice should be issued. Therefore, it is good to know where you lie for adequate preparations before anything happens.
What Does the Eviction Process Look Like in California?
To get a better understanding of the eviction process in California, here is what the whole process looks like:
|Being issued with a notice to vacate||The whole process begins with the landlord issuing a 3-day notice to the tenant to vacate. However, this should only happen if the lease agreement says so. Also, it is worth it that you know that you can only file for an eviction suit if the eviction notice has been issued in writing.|
|Filing of an eviction suit||Here, the eviction suit hearing cannot continue until 10 days are over after the petition suit is filed.|
|Judgment||Once the verdict has been issued, no action is allowed for 5 days to give ample time for the tenant to appeal.|
|Appeal||After the 5 days are over, the tenant may decide to appeal the verdict that was made. However, if the tenant files for an appeal, no hearing can take place for the next 8 days.|
|Writ of Possession||Once the verdict has been issued, the landlord can request a writ of possession from the judge, after which a constable has to post a 24-hour notice before the writ of notice is executed.|
Next Steps for Fighting a Wrongful Eviction If You Can’t Do It Yourself
If illegally, then the best thing to do would be to file for a written dispute response within 5 days after being issued with an eviction notice. However, it is worth it that you know that the whole procedure isn't a walk in the park, and sometimes, you may need the help of an attorney, which may cost you thousands of dollars. That shouldn't be a cause for concern to you since our landlord protection product will help you with the process more easily and seamlessly.
File a Wrongful Eviction with the Help of DoNotPay
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.
How to Break a Lease in California Using DoNotPay:
If you want to break a lease in California but don't know where to start, DoNotPay has you covered in 4 easy steps:
- 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.
Why Use DoNotPay to File for Wrongful Eviction
As aforementioned, filing for a wrongful eviction can be quite strenuous and frustrating, especially if you have never done it before. Using DoNotPay is the best option for you because it is:
- Fast—You don't have to spend hours trying to file for the wrongful eviction suit by yourself.
- Easy—You don't need to go through all the hustle involved with filling out tedious forms or keeping track of all the steps involved.
- Successful—You can rest assured that with our help, the whole process will work out in your favor.
What Else Can DoNotPay Do?
Apart from offering landlord protection services to tenants, DoNotPay also offers services like:
- Freedom of information act
- Standardized legal documents
- Notarize documents
- Sue anyone in small claims court
- Find unclaimed money
- How to kick out a roommate
- Letter to the landlord about repairs
- How long does the landlord have to return the deposit
- How to sue the landlord for deposit
Contact DoNotPay to learn more about our protection and services.