Q: Is it possible to build a case against my landlord for wrongful eviction without proof on their end?

A: In California, landlords must follow specific rules and procedures when evicting a tenant. If a landlord fails to comply with these requirements, the tenant may have grounds for a wrongful eviction case. However, the burden of proof generally falls on the tenant to demonstrate that the eviction was unlawful.

To build a case against your landlord for wrongful eviction, you should:

1. Understand the reason for the eviction: Landlords must have a valid reason for evicting a tenant, such as non-payment of rent, violation of lease terms, or illegal activity on the property.

2. Review the eviction notice: Landlords must provide proper written notice before proceeding with an eviction. The notice requirements vary depending on the reason for the eviction.

3. Determine if the landlord followed proper procedures: Landlords must file a lawsuit (called an "unlawful detainer") and obtain a court order to legally evict a tenant. They cannot engage in "self-help" evictions, such as changing locks or removing the tenant's belongings.

4. Gather evidence: Collect any relevant documents, such as the lease agreement, rent receipts, written communications with the landlord, and witness statements, to support your case.

5. Seek legal assistance: Consult with a landlord-tenant attorney or legal aid organization to assess your case and determine the best course of action.

While having clear evidence of the landlord's wrongdoing can strengthen your case, you may still be able to demonstrate that the eviction was unlawful by showing that the landlord failed to follow proper procedures or acted in bad faith. An experienced attorney can help you navigate this process and protect your rights as a tenant.