Q: Can a landlord evict me for suing because of an injury due to negligence of the property?
A:
No, in California, a landlord cannot legally evict you in retaliation for exercising your legal rights, including filing a lawsuit against the landlord due to an injury caused by their negligence in maintaining the property. This is known as a "retaliatory eviction" and is prohibited under California law.
According to California Civil Code Section 1942.5, a landlord cannot evict a tenant, increase rent, or decrease services in retaliation for the tenant:
1. Complaining to the landlord or a government agency about uninhabitable conditions or other violations of housing laws.
2. Exercising a legal right or remedy, such as filing a lawsuit against the landlord.
If a landlord tries to evict you within 180 days of you exercising your rights, the law presumes that the eviction is retaliatory. The landlord would have to prove that the eviction is not retaliatory, but based on a valid reason, such as non-payment of rent or violation of the lease agreement.
If you believe your landlord is attempting a retaliatory eviction, you can fight the eviction in court. If the court finds that the eviction was indeed retaliatory, the landlord may face penalties, and you may be entitled to damages and attorney's fees.
It's always a good idea to consult with a local tenant rights organization or an attorney specializing in landlord-tenant law for specific guidance on your situation.
A: A tenant can assert the legal defense of retaliatory eviction if landlord retaliates against tenant for filing an injury suit for premises liability.
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