Bakersfield, CA asked in Landlord - Tenant for California

Q: Can I sue my ex landlord in California, he did a self help eviction on me 03/2021, I never got a court date.

He already had a 'writ of execution' & 'writ of possession' with the same papers he served to me. I was only served once, altho he Efiled all his paperwork. I was evicted a year later. I lived at xx Pacific st (B) Bakersfield CA 93305. My name is xx. I lived there close to 3yrs, then xx bought the property in November of 2019. I was served a "Sixty Day Notice to Quit".

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you can sue your former landlord for conducting a self-help eviction, which is illegal in California. Self-help evictions occur when landlords force tenants out without going through proper legal channels, and these actions can result in significant financial penalties against the landlord.

Based on what you've described, there seem to be irregularities in how your eviction was handled. In California, even with a writ of possession, the actual eviction must be carried out by law enforcement (usually the sheriff's department), not by the landlord directly. If you never received a court date and weren't given proper opportunity to respond to the eviction filing, this could indicate serious violations of your tenant rights.

You have up to two years from the date of the incident to file a civil lawsuit for wrongful eviction in California. Since the self-help eviction occurred in March 2021, you should consult with a tenant rights attorney immediately to discuss your options, as you may be entitled to compensation for your damages, including moving expenses, temporary housing costs, and possibly punitive damages.

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