Do You Need An Eviction Defense Attorney?

An eviction defense attorney in Los Angeles will take a look at the evidence and set up the strongest defense possible.

Do you need an eviction defense attorney?

If you recently found an eviction notice on your door, this may be the case.

Landlords can evict you for a number of legal reasons, including violating a rental agreement, not paying rent, and more. However, there are several local and state laws that exist prohibiting a landlord from evicting you without a legal reason and without following a proper procedure.

This situation may arise due to landlord-tenant disputes.

Today, we’re taking a closer look at eviction in Los Angeles and what you can do to defend yourself.

Let’s get started …

Many Evictions Are Illegal

It sounds surprising, but it happens a lot.

You cannot be evicted because you complained about living conditions, reporting code violations, or calling the building inspector. If your landlord tries to evict you within six months of reporting a violation, it could be considered an illegal action, called “retaliation.”

In California, in order for a landlord to legally evict you, he or she must first serve you notice of the reason for the eviction and then must file an eviction lawsuit against you with the court.

The lawsuit is called an unlawful detainer, and in most cases, you would have five days to respond to this lawsuit. An eviction attorney would know this and advise you accordingly.

The landlord cannot take the law into his own hands (called “self-help”) by changing the locks, cutting off utilities, replacing the front door, or removing your belongings. This is actually a crime and is punishable by possible fines and up to six months in jail.

If a landlord tries to evict you or sends you an eviction notice, a rent increase notice, or a notice of any substantial changes in the terms of your lease or tenancy within six months of your having engaged in any of the activities listed above, a court must “presume” that the landlord is retaliating against you. If a court decides that the landlord was retaliating, you cannot be evicted.

It is also illegal for your landlord to evict you on any area of discrimination including your race, color, religion, national origin, sexual orientation, age, ancestry, marital status, handicap, or status as a veteran.

And it is illegal for a landlord to evict you because you get a rent subsidy or receive public assistance.

How An Eviction Defense Attorney Can Help

As one example of the value of a lawyer, she could advise you to send a “demand letter” to your landlord informing him that he will be committing an illegal act and that you will take legal action to enforce your rights.

A lawyer would tell you to keep a copy of this letter so that you have proof that the landlord knew he was violating the law.

You might also be advised to go to court and get a temporary restraining order (TRO) that directs your landlord to stop doing something illegal, return your belongings and restore any utilities that may have been turned off.

Compensation for Damages

If you have followed the proper procedures and the court finds that you have a good defense, the court will not evict you, and your landlord may be subject to liability for your damages, as well as penalties of up to $100 per day for the time that he used the unlawful methods.

Damages may include:

• Statutory Damages: Depending on your situation, your damages may be calculated per day or per violation, and some ordinances provide for trebled (triple) damages.
• Actual Damages: If you have been displaced and forced to incur temporary housing costs or increased rent, your landlord will have to pay the costs. In addition, more compensation may be due based on pain, suffering or inconvenience.
• Other Expenses: Your landlord may also be ordered to pay court costs (for example, your filing fees). And he may have to pay your attorney’s fees, depending on your tenant agreement.

Take It Further

As mentioned above, lockouts and utility shutoffs are crimes.

If you cannot convince your landlord that what he is doing is wrong and illegal, you should contact the local police and report the incident. Sometimes a police officer will be able to influence the landlord to do the right thing.
At other times, police officers will not want to get involved in tenant-landlord disputes, and you will have to hire a lawyer and go to court. But this will take a bit longer.

You can also contact your local housing authority as well as the U.S. Department of Housing and Urban Development (HUD). HUD is the department that prohibits discrimination against tenants based on religion, national origin, familial status and several other aspects. HUD considers any violation a serious offense. This is another valuable option that a good eviction lawyer will know and advise you accordingly.