What can cause an eviction in California?
In California, a landlord can only evict a tenant for specific reasons, known as “just causes”. A landlord can serve an eviction notice in the following case scenarios:
- Non-payment of rent: If a tenant fails to pay rent on time.
- Violation of the rental agreement: If a tenant violates the terms of their rental agreement, such as by having unauthorized occupants or pets.
- Illegal activity: If a tenant engages in illegal activity on the rental property.
- Refusal to allow the landlord to enter the rental property: California law allows landlords to enter rental units for certain purposes, such as to make repairs or show the property to prospective tenants. If a tenant refuses to allow the landlord to enter, the landlord can serve an eviction notice.
- Breach of the covenant of quiet enjoyment: If a tenant’s actions interfere with the rights of other tenants to enjoy their rental units peacefully.
A landlord cannot evict a tenant for discriminatory reasons, such as the tenant’s race, religion, or gender. Additionally, a landlord cannot evict a tenant in retaliation for the tenant exercising their legal rights, such as complaining about repairs or joining a tenant association.
How can I stop an eviction in California?
There are several ways that you may be able to stop an eviction in California:
- Pay any past-due rent: If you are being evicted for non-payment of rent, paying the rent in full may stop the eviction. However, your landlord is not required to accept your payment and may still proceed with the eviction.
- Correct the violation: If you are being evicted for violating the terms of your rental agreement, you may be able to stop the eviction by correcting the violation. For example, if you have an unauthorized pet, you could remove the pet from the rental unit.
- Challenge the eviction in court: If you believe that the eviction is unjust or illegal, you can challenge it in court. You will need to present evidence and argue your case before a judge.
- Negotiate with your landlord: In some cases, you may be able to negotiate with your landlord to avoid an eviction. For example, you may be able to come to an agreement to pay any past-due rent or to correct a violation in exchange for your landlord agreeing to withdraw the eviction notice.
You must hurry if you are facing an eviction. If you are served with an eviction notice, you generally have only a few days to respond or take action before the eviction process can move forward. You may want to seek legal assistance if you are facing an eviction, as the laws and procedures can be complex.
Can I get evicted for a therapy animal?
In California, tenants with disabilities may be entitled to keep a service animal or emotional support animal, even if the rental property has a no-pets policy. An emotional support animal provides therapeutic support to a person with a disability, such as helping to alleviate symptoms of anxiety or depression. If you have a disability and you believe that you need a service animal or emotional support animal to assist you with your disability, you can request a reasonable accommodation from your landlord. This means that you are asking your landlord to make an exception to their no-pets policy to allow you to keep the animal.
To request a reasonable accommodation, you should provide your landlord with documentation from a healthcare professional, such as a doctor or therapist, stating that you have a disability and that the animal is necessary to help you with your disability. Your landlord is not allowed to charge you a fee or security deposit for the animal or require you to pay any additional rent. It’s important to note that your landlord is not required to grant your request for a reasonable accommodation if it would be an undue burden or if it would fundamentally alter the nature of the rental property. However, if your landlord denies your request without good cause, you may be able to challenge the denial in court.
Conclusion
In conclusion, as a tenant in California, it’s important to be aware of the specific reasons, known as “just causes,” that a landlord can legally evict you for. These include non-payment of rent, violation of the rental agreement, illegal activity, refusal to allow the landlord to enter the rental property, and breach of the covenant of quiet enjoyment. It’s also vital to note that a landlord cannot evict a tenant for discriminatory reasons or in retaliation for exercising legal rights. If you are facing an eviction, there are several ways to potentially stop it, such as paying past-due rent, correcting the violation, challenging the eviction in court, negotiating with your landlord, or using stop eviction services like this. However, you must act quickly and seek legal assistance if necessary. Additionally, tenants with disabilities may be entitled to keep a service animal or emotional support animal, even if the rental property has a no-pets policy by requesting a reasonable accommodation from their landlord.
