In California, a landlord can only evict a tenant for reasons specified in the California Civil Code. A landlord cannot simply evict a tenant without providing a reason. The most common reason for eviction is non-payment of rent or violating lease terms, but landlords can also evict for other reasons such as causing damage, creating a nuisance or engaging in illegal drug activity.
California law requires landlords to give proper notice before evicting a tenant. The amount of notice required depends on the reason for eviction. For non-payment of rent, the tenant must be given three days notice to either pay the rent or vacate the property. For other violations, the landlord must give the tenant 30-60 days notice, depending on the length of tenancy and other factors.
There are several limitations and exceptions to a landlord's ability to evict a tenant. It is illegal for a landlord to retaliate against a tenant who has exercised their legal rights, such as filing a complaint with the housing authority or requesting repairs. If a landlord tries to evict a tenant for retaliatory reasons, the tenant may have a valid defense to the eviction.
Additionally, if a tenant can show that they are a member of a protected class, such as being disabled, and that the eviction is due to discrimination, the landlord may be liable for illegal discrimination.
If a landlord is trying to evict a tenant without proper notice or for retaliatory or discriminatory reasons, the tenant may wish to contact a landlord-tenant attorney to discuss their legal options.
In summary, a landlord cannot evict a tenant without providing a valid reason under California law. Proper notice must be given before an eviction can occur. There are limitations and exceptions to a landlord's ability to evict a tenant, and if a tenant believes their eviction is unlawful, they should seek legal counsel.
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