renovictions on the rise
With mass evictions or “renovictions” on the rise and in the news many tenants may wonder what their rights are to retain their housing. Many local governments are working on new rules but in the meantime tenants have many questions. As a tenant in California, you have certain rights when it comes to eviction. Understanding these rights can help protect you from unjust or illegal eviction proceedings. In this blog post, we will provide an overview of some of the key rights you have as a California tenant.
1. Notice Requirements: In California, landlords are required to provide written notice of an eviction. The amount of notice required depends on the reason for the eviction. If you are being evicted for nonpayment of rent, the landlord must provide a three-day notice to pay or quit. If you are being evicted for a violation of your lease agreement, the landlord must provide a three-day notice to cure or quit. If the landlord is terminating your tenancy without cause, they must provide a 30-day or 60-day notice, depending on how long you have lived in the rental unit.
2. Right to Contest the Eviction: As a tenant, you have the right to contest the eviction in court. If you receive a notice of eviction, you should contact an attorney as soon as possible to discuss your options. You may be able to challenge the eviction if the landlord did not follow proper notice procedures, if the eviction is retaliatory, or if the landlord is trying to evict you for an illegal reason.
3. Right to Remain in the Unit During the Eviction Process: In California, a landlord cannot forcibly remove a tenant from their rental unit without a court order. Even if you receive a notice of eviction, you have the right to remain in the unit until a court orders you to leave. This means that the landlord cannot change the locks, remove your belongings, or turn off your utilities to force you out of the unit.
4. Right to a Safe and Habitable Rental Unit: Landlords in California are required to provide tenants with safe and habitable rental units. This means that the unit must be free from any health or safety hazards, such as mold, lead paint, or broken heating systems. If your landlord fails to provide a safe and habitable rental unit, you may be able to withhold rent or terminate your lease agreement.
5. Right to Reasonable Accommodations: If you have a disability, you have the right to request reasonable accommodations from your landlord to make your rental unit more accessible. This could include modifications to the unit, such as installing grab bars or ramps, or allowing you to keep a service animal on the property.
If you are facing eviction in California, it is important to know your rights. Contact one of the experienced attorneys at the Figueroa Law Group who can help guide you through the eviction process and protect your interests.