This is unacceptable, and more importantly, absolutely illegal. That means you need to have evidence of wrongdoing on your landlords part. Deliberately removing furnishings or property. In the letter, Attorney General Bonta strongly encourages law firms to review the eviction cases they have on file or plan to file to ensure compliance with the law. She graduated from American University with a BA degree in literature with a minor in journalism. "text":"As a tenant, you are entitled to actual money damages as illegal eviction compensation. Injunctive relief is when a judge orders a landlord to stop doing something that harms a tenant. Jail Sentence: A violation of PC 396 (f) is classified as a misdemeanor crime in California. | Last reviewed January 05, 2023. But, if a tenant is withholding rent because the landlord refuses to address a health or safety issue, then the landlord cant legally evict them for that reason. There is no single defense that works best in any particular situation. In California, for instance, you can sue for actual damages in addition to $100 per day of violation with a $250 minimum. If you have a month-to-month agreement, then your landlord can generally evict you without reason. "text": "The short answer is yes. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. "acceptedAnswer": { A state's legal eviction procedures apply regardless of what a tenant has done or how a tenant behaves. Once a court rules in favor of the landlord, the tenant receives time to vacate the premises. But, like Colorado, the statute does not give you the right to stay. Ericka Mora, an Oakland renter, said she was the victim of an attempted illegal eviction when her landlord put chains on the door of her basement apartment last month, locking her out until she and her neighbors broke the chains. Professional licensing consequences (i.e. { There are several sets of state and federal laws that can affect a landlords right to evict a tenant. The tenant must cure the violation or r vacate the premises within the specified time. Tenant either responds or doesn't. Wednesday - counted as day # 2. These methods, though, are illegal and can even represent landlord harassment. Firms, FindLaws team of legal writers and attorneys, Intentional infliction of emotional distress, Illegal Evictions Can Get You in Trouble for Landlord Harassment, Getting utility companies to cut off service by failing to pay the bill, Removing the tenant's property from the rental unit, The food that spoiled when the electricity was shut off, The property that disappeared when the tenant was locked out by the landlord. She is a certified mediator and guardian ad litem. Housing | The state statute also provides for your attorney's fees, court costs, and gives you the right to stay. The tenant does not move out after the lease ends and is considered a squatter. The end of a habitability case where the landlord loses. Should you need to evict a tenant from your rental, an attorney can assist you in following the proper local procedures. The top 10 most expensive home sales in Oakland, reported the week of April 24, Single-family house sells for $1.7 million in Fremont, Single family residence sells for $3.3 million in Palo Alto, California consumers struggling? They must still go through the eviction process. Housing | At this hearing, the court will determine whether the landlord provides sufficient evidence to issue the right to evict. Bonta wouldnt say how many calls his office has received about illegal evictions, but he said the number is significant., (It is) enough of a concern across the state that we felt it was important to remind law enforcement of their responsibilities under the law, he said. In November,Attorney General Bonta announced thecreation of a Housing Strike Forcewithin the California Department of Justice and launched aHousing Portalon DOJs websitewith resources and information for California homeowners and tenants. California Wrongful Eviction Attorneys | Tobener Ravenscroft LLP In most cases, this can be done with or without reason, unless the property is regulated by rent control ordinance. Illegal Evictions and Lockouts in California | Caretaker OAKLANDCalifornia Attorney General Rob Bonta today announcedthat he sent warningletters to91law firms across the state that represent landlords in eviction cases after being notifiedthat some firms and their clients may have violated the law. California Landlord Tenant Laws [2023 ]: Renter's Rights & FAQs Non-economic damages refer to compensation for the pain, suffering, or emotional distress you went through. The extent of the damages for unlawful eviction can change from one state to another. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. This Google translation feature is provided for informational purposes only. } Probation Sentence: In some cases, a person convicted of unlawfully evicting a tenant, could face a probation sentence in lieu of an actual jail sentence. Different types of rental violations may require different types of notices. Landlords Who Fraudulently Evict Are Subject to Substantial Penalties. But, unlike California, the Colorado statute does not provide for your attorneys fees and court costs. Officers should write a report about the incident, even if they do not make an arrest. PC 396 covers other restrictions during an emergency, such as price gouging, but this article is focused on the application of PC 396 as it applies to evicting a tenant during a stated emergency.