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As a tenant, you have rights that protect you from being evicted without cause. A common example of retaliatory eviction is when a tenant has a health or safety issue that is not being resolved by the landlord, so the tenant makes a report to the appropriate governmental authority. The landlord receives a citation for that health or safety issue and retaliates by evicting the tenant who made the complaint. A situation such as this is a clear-cut example of retaliatory eviction. However, other cases of wrongful eviction may not be so clear. If the eviction goes against the terms of the lease agreement signed by both parties, it is possible that you have a case for wrongful eviction. Because of this, it is imperative that you consult with a knowledgeable attorney who can review the case and advise you of your rights. In California, there is substantial protection for tenants who are the victim of a retaliatory eviction. Civil Code Section 1942.5 provides for attorneys fees and punitive damages to a tenant who prevails against a landlord.
If you are the victim of a retaliatory or wrongful eviction, call the Law Offices of Zev Weinstein today for a free, no-obligation consultation.
If you are a tenant and have been served a written eviction notice, or a three day “pay or quit” notice, that you feel is retaliatory or a violation of your lease agreement, then you should consult an attorney immediately.