What rights do tenants have in case of unwarranted evictions in Downey

What Are My Rights as a Tenant Facing an Unwarranted Eviction?

As a tenant in Downey, California, you have several rights under the state’s landlord-tenant laws. One of the most important is the right to not be evicted without just cause. This means that your landlord cannot simply decide to evict you without a valid reason, such as non-payment of rent or violation of the lease agreement.

What Can I Do If I Receive an Eviction Notice Without Cause?

If you receive an eviction notice without cause, you have the right to contest it. California law requires landlords to provide a written notice of eviction, which gives you an opportunity to respond. If you believe the eviction is unwarranted, you can file a response with the court explaining your side of the story. For example, if your landlord is evicting you for non-payment of rent, but you have proof that you’ve paid on time, you can use this evidence in your defense.

Can My Landlord Evict Me Without Notice?

In California, landlords are generally required to provide a 30-day or 60-day notice before evicting a tenant. However, there are exceptions to this rule. For instance, if you’ve been involved in illegal activities on the property, your landlord may be able to evict you without notice. But in most cases, you should receive a written notice of eviction. If you’re evicted without notice, this could be a violation of your rights as a tenant.

How Can a Lawyer Help Me If I’m Facing an Unwarranted Eviction?

An experienced lawyer can be an invaluable ally if you’re facing an unwarranted eviction. They can help you understand your rights, guide you through the legal process, and represent you in court if necessary. For example, let’s say your landlord is trying to evict you because they want to move in a family member. However, your lease isn’t up for another six months. A lawyer can help you enforce your right to stay in the property until your lease ends.

Can I Be Evicted If I Request Repairs?

In California, landlords are required to maintain rental properties in habitable condition. If you request repairs, your landlord cannot evict you or increase your rent in retaliation. For instance, if you’ve complained about a leaky roof and your landlord responds by serving you an eviction notice, this could be considered retaliation, which is illegal. As a tenant, you have the right to live in a safe and habitable property.

Can I Be Evicted If My Property Is Sold?

If your rental property is sold, the new owner must honor existing leases. This means that if you have a lease agreement, you cannot be evicted until the lease ends. However, if you’re a month-to-month tenant, the new owner can terminate your tenancy with proper notice, typically 30 or 60 days. If you’re facing eviction due to a property sale or change in management, an experienced lawyer can help you navigate this situation and protect your rights.

What If I’m Being Evicted Due to a Foreclosure?

If your rental property is being foreclosed upon, you have rights under the federal Protecting Tenants at Foreclosure Act. This law requires the new owner to honor existing leases, or if you’re a month-to-month tenant, to provide at least 90 days’ notice before eviction. If you’re facing eviction due to foreclosure, it’s crucial to seek legal advice to ensure your rights are protected.

What If I’m Being Evicted Because of a Nuisance?

In California, landlords can evict tenants for causing a nuisance, such as excessive noise or illegal activities. However, the landlord must provide proof of the nuisance. If you’re being evicted for a nuisance that you’re not responsible for, or if the landlord is using the nuisance clause as an excuse to evict you without cause, you have the right to contest the eviction. A lawyer can help you gather evidence and present your case in court.

What If I’m Being Evicted for Having a Pet?

If your lease agreement allows pets, your landlord cannot evict you for having one. However, if your lease prohibits pets and you’ve violated this term, your landlord may have grounds to evict you. If you’re facing eviction for having a pet, it’s important to understand the terms of your lease and your rights under California law. A lawyer can help you navigate this situation and potentially negotiate with your landlord.

Can I Be Evicted for Late Rent Payments?

In California, landlords can evict tenants for late rent payments. However, they must first provide a 3-day notice to pay rent or quit. This means you have three days to pay the overdue rent or move out. If you’re unable to pay the rent within this period, your landlord can begin the eviction process. If you’re facing eviction for late rent payments, a lawyer can help you understand your options and potentially negotiate a payment plan with your landlord.

What If I’m Being Evicted for No Reason at All?

In California, landlords can evict month-to-month tenants without cause, as long as they provide a 30-day or 60-day notice. However, they cannot evict tenants with a fixed-term lease without cause. If you’re being evicted for no reason and you have a lease, this could be a violation of your rights. A lawyer can help you understand your rights and potentially contest the eviction.

If you’re facing an unwarranted eviction in Downey, call the Resolve Law Firm today at (213) 583-5547 for a free case evaluation! An experienced lawyer can guide you through the legal process and help you protect your rights as a tenant.