Like most other states, housing and eviction courts in California are dealing with a staggering number of cases that are filed by disgruntled landlords. And we can understand how frustrating it is to wait for a court date when you want a tenant out of your property. However, there is a legal process that must be undertaken by landlords in order to protect tenants from an illegal eviction. A common example of wrongful eviction is when the landlord tells the tenant to leave the apartment after they are injured due to an accident or lack of security.
There’s no doubt that it’s unpleasant to have someone living on your property that has accused you of negligence and is suing you for monetary damages. However, DIY evictions without involvement from the court are illegal in California. That’s why there are laws to help tenants sue their landlord if they are unlawfully evicted from a rental apartment, house, or commercial property.
The wrongful eviction lawyers of Normandie are ready to help if you were displaced from your home or received an eviction notice without just cause. Please contact us without delay if you need information regarding the following topics:
- I am being evicted from my apartment after I was injured in the apartment. Is this legal?
- I was told that I’m being evicted after I filed an accident case against my apartment complex. What are my rights?
- My landlord is evicting me after I was assaulted and filed a claim for compensation. Can I sue for an illegal eviction?
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Examples of Wrongful Eviction in the State of California
Even if you suspect that your landlord is retaliating against you for suing them, you still have to prove a case of wrongful eviction. California laws have clear procedures on the steps landlords and building owners have to take in order to evict a tenant from a residential or commercial property. These procedures take considerable time and effort, mainly due to the backlog of cases at court systems in California. This is why many owners take the law into their own hands and start finding ways to get tenants out of an apartment or any other type of rental property.
Common methods used by landlords to wrongfully evict a tenant include, but are not limited to:
- Throwing out or removing the tenant’s possessions while they are out
- Changing the locks on the apartment doors and windows
- Refusing to make repairs and forcing the tenant to move out b/c the dwelling is uninhabitable
- Shutting off utilities (water, electric, and heat)
- Constantly calling the tenant, showing up at the apartment without notice, making threats and other forms of harassment
- Sending others to threaten or intimidate the tenant
- Having the tenant move out b/c of a natural disaster, fire, etc., and then not letting them move back in.
- Evicting the tenant because they want to move into the apartment or move in a family member, then failing to make the move within the required amount of time.
These are not the only circumstances that can be used to prove a case of unlawful eviction. That’s why it’s important to discuss your experience with a wrongful eviction attorney as soon as possible. We are here for you 24 hours a day, 7 days a week, so call us anytime if you have the following question on your mind: “I filed an injury against my landlord and now I am being evicted. What are my legal rights?”
How to Evict a Tenant Legally under California Law
Now that you have an understanding of what a wrongful eviction looks like, let’s look at how an eviction is supposed to take place. This is a rather detailed process, but the steps below will provide you with a basic understanding of how the eviction laws work in California:
- The process begins with the landlord sending written notice to the tenant as to why they are being evicted (non-payment of rent, lease violation, etc.)
- The notice must give the tenant a deadline for resolving the reason for eviction.
- If the tenant fails to rectify the situation by the deadline, the landlord must file an eviction order with the court and have it served to the tenant.
- Upon receiving the order, the tenant has a chance to file a response or ask for a hearing.
- At the hearing, both sides have a chance to tell their side of the story. For example, the tenant can provide evidence that they landlord is evicting them as retaliation after they filed an injury claim for an incident on the property.
- If the judge rules in favor of the landlord, they can ask for a Notice to Vacate, which tells the tenant that have until a certain date to move out of the apartment. The judge may also rule in favor of the landlord by default if the tenant fails to show up to the hearing.
It’s extremely important that you respond to the court summons if your landlord has filed an eviction case against you. Otherwise, it’s very likely that your landlord will obtain a default judgement to get you out of the premises. In addition, it’s highly recommended that you obtain representation from a tenants’ rights lawyer, who can assist with your defense.
How Much can I Receive for being Wrongfully Evicted?
A wrongful eviction lawsuit settlement can be worth between $20,000 and $1,500,000 based on the details of your case. There are many factors that play a role in case values, and these issues are unique to each individual claimant. This includes the specific violation that your landlord is guilty of, which may be punishable by monetary fines of $100 to $500 for each day that the property owner was in violation. While payments exceeding $1,000,000 are uncommon, we have recovered 6-figure sums on behalf of many clients whose landlords evicted them after they filed a personal injury or assault and battery case.
For a settlement value that’s based on your experience as a wrongfully evicted tenant, contact us today.
How Long will it Take Before my Case is Settled?
The amount of time to reach a settlement for a wrongful eviction case can range from just a few weeks to over 2 years. Cases involving retaliation, like evicting a tenant for filing an accident claim, are especially complicated, and as a result, it will probably take between 8 to 18 months before a settlement is reached. This is the timeline if your case is settled without a trial, which is the most likely outcome, since less than 5% of all landlord-tenant lawsuits are tried in court. If there is to be a trial, reaching a resolution in a wrongful eviction lawsuit can take over 3 years.
Statute of Limitations to File a Wrongful Eviction Lawsuit
Typically, tenants that are illegally forced out of their rental have 2 years from the date of eviction to sue their landlord. But there are special considerations that can change the deadline to file a lawsuit for wrongful eviction. Thus, it’s possible that you may have less or more than 2 years from the day you were evicted if you wish to sue your landlord for monetary compensation. To ensure that you don’t miss out on the chance to file a lawsuit, please reach out to us and ask to speak with a California wrongful eviction attorney.
Lawyer that can Help You Sue for an Illegal Eviction
Tenants have powerful protections when it comes to evictions in the state of California, but taking advantage of the legal system is challenging for the average renter. To ensure the best possible outcome, you should consult an experienced wrongful eviction lawyer as soon as possible.
Here at Normandie, tenants never pay to hire a lawyer that can fight for their interests. All our attorneys work on contingency, meaning we obtain payment from the landlord by winning your case. If we don’t secure your settlement from a wrongful eviction lawsuit, you pay us $0 in legal fees.
We are happy to offer you a free case evaluation, so contact us today if you would like to learn more about your rights and legal options.
