Improper Landlord Actions & Wrongful Eviction

A landlord cannot retaliate against a tenant for exercising their rights under the Rent Ordinance or other laws. Protected tenant actions include reporting housing code violations or filing a petition with the Rent Board. “Retaliation” can be in many forms, such as attempting to evict a tenant without “just cause,” increasing rent when not lawfully allowed, refusing to renew a lease for an improper reason, or threatening to do any of those things. A landlord’s retaliatory motive is a defense to an eviction action. Rent Board housing counselors can advise you on your rights and responsibilities, but are prohibited from providing legal advice.

Forcing a tenant out of a unit without a court order is not allowed in California

It is illegal for a landlord to do any of the following to try to force a tenant out of a unit:

• Remove exterior doors or windows
• Prevent a tenant’s access to the rental unit by changing the locks
• Remove a tenant’s personal property from the rental unit
• Cut off utilities with the intent to deny the tenant use of the premises
• Use theft, fraud, or extortion
• Use, or threaten to use, force, threats, or menacing conduct that interferes with the tenant's right to quiet enjoyment of the premises. But a good faith warning that a tenant’s behavior violates or may violate the lease or applicable laws, or an explanation of the lease terms or applicable laws, is allowed.

Substantial habitability issues or substandard conditions

“Standards of tenantability” are minimum standards set by California law that rental units must meet to be considered safe and livable. Substandard conditions are also defined by California law. A landlord may not demand or collect rent, or issue a notice of rent increase, or issue a three-day notice to pay rent or quit (a type of eviction notice) if all of the following conditions exist:

1. The unit substantially lacks any of the standards of tenantability listed in Civil Code Sec. 1941.1, contains lead hazards, or is deemed and declared substandard because of a condition listed in Health and Safety Code Sec. 17920.3 (for example, lack of sanitation, pest infestation) that endangers the life, health, property, safety, or welfare of the public or the unit’s occupants
2. The landlord has received a written citation directing them to remove the nuisance or repair the substandard conditions
3. The conditions have existed for more than 35 days after the citation was issued, and there is no good cause for the delay in repairing them
4. The conditions were not caused by the tenant

A tenant who is being evicted may claim, as a defense, that the landlord did not provide a tenantable unit or has otherwise breached what is called the “implied warranty of habitability.” In addition, a landlord who tries to evict a tenant for nonpayment of rent where all of the above conditions exist may be liable to the tenant for attorney’s fees and costs in any legal action taken by the landlord.

Wrongful eviction

Demolition or repairs

If a landlord evicts a tenant to perform repairs or demolish the property, and the repair or demolition is not started within two months, or if the landlord’s claim was false or in bad faith, the tenant may sue to move back into the unit and be compensated for any damages. If the tenant can prove the landlord’s conduct was willful, the tenant can recover the greater of $750 or three times the actual damages. (BMC 13.76.150 B.)

Owner move-in evictions

Bad faith is presumed where a landlord evicts for owner or relative move-in, and the owner or relative does not move in within three months of the tenant’s departure or does not occupy the unit as a principal residence for at least 36 continuous months. (BMC 13.76.130 A.8.g. ) Also, under state law, a tenant who can show an owner’s fraudulent intent not to live in the property for at least six months may receive additional compensation. (CA Civil Code Sec. 1947.10.)  

Ellis Act evictions

If a unit that was withdrawn from the rental market under the Ellis Act is re-rented within two years of the withdrawal date, displaced tenants may sue for damages resulting from their displacement. If the re-rental occurs more than two years but less than ten years from the withdrawal date, displaced tenants may sue for damages if the owner failed to offer them the opportunity to re-rent. (BMC 13.77.040.)