Wrongful Evictions in California

Posted by Jon H. Freis | Jun 18, 2019 | 0 Comments

When you own investment properties in the Beverly Hills area, there is always the chance that you may have trouble with a tenant. Tenants may fail to pay rent or violate other terms of the lease agreement, all of which can cause problems for a landlord. When you decide to evict a tenant, you may want to do so as soon as possible, though there are restrictions set out by California law. The law requires landlords to follow certain procedures – such as giving proper notice to tenants and filing an unlawful detainer action in court – before a tenant can be evicted.

If a landlord takes other measures to evict a tenant, it can violate the law and the landlord may face liability. It is important to understand when an eviction may be wrongful to avoid unnecessary penalties.

Self-help Evictions

When a landlord decides to take action to force a tenant to move out, it is often considered to be a wrongful self-help eviction. Conduct that can constitute self-help eviction includes:

  • Cutting off utilities
  • Removing a front door
  • Changing the locks
  • Removing a tenant's possessions from the premises

If a landlord tries to force a tenant out without getting proper permission from the court, it can only create more problems for the landlord.

Evictions Based on Retaliation or Discrimination

The law also protects a tenant's right to fair housing without discrimination or retaliation. An eviction cannot be based on a tenant's race, religion, sexual orientation, marital status, gender, or other protected factors. In addition, a landlord cannot evict a tenant in retaliation for complaining of code violations, other safety issues, or necessary repairs, or for exercising any legal rights under the law or the lease agreement.

Contact a Real Estate Lawyer in Beverly Hills for Assistance Today

The Law Offices of Jon H. Freis advises and represents landlords in eviction cases to ensure the eviction is lawful and efficient. Call 310.276.1218 or contact us online today to discuss how a Beverly Hills real estate attorney can help.

About the Author

Jon H. Freis

Jon H. Freis has been practicing law in the State of California since 1999 and currently operates his own boutique law firm in Beverly Hills. He handles a wide variety of matters for a select group of clients, including real estate transactions, business formation, and business and real estate li...


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