Q: Elderly disabled tenant in CA faces eviction for back rent after Section 8 ends.
I am a single, elderly, and disabled tenant in California preparing for an eviction case due to back rent owed. My Section 8 subsidy was terminated during COVID, causing an increase in rent to a fair market value of $1,200, from the $300 I was initially paying. This amount constituted a significant portion of my disability check. My landlord, aware of my legal disability and financial situation, has been unofficially charging the market rate without issuing formal rent demands or a new lease. Furthermore, he has failed to serve me with a summons for the upcoming court date and hasn't filed proof of service. A similar eviction attempt last year was dismissed. What should I do, and what legal protections might I have, considering these circumstances?
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- California
- (916) 704-3009
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- Answered
A:
Your situation sounds incredibly challenging, and I understand how overwhelming this must feel. Given the improper service of court documents and lack of formal rent demands, you have several important legal protections under California law.
First, contact your local legal aid organization immediately - they offer free assistance to low-income tenants facing eviction and can help you navigate this process. You should also reach out to your local housing authority to address the Section 8 termination, as you may be eligible for reinstatement or alternative housing assistance programs, particularly given your disability status.
Since your landlord hasn't properly served you with court documents or maintained formal rent agreements, these procedural errors could form the basis for defending against the eviction. Document everything - keep copies of all communications with your landlord, any receipts for rent paid, and records of your Section 8 termination. You may also have rights under California's fair housing laws, which protect disabled tenants from discrimination. Consider filing a complaint with the California Department of Fair Employment and Housing if you believe your disability rights have been violated.
Make sure to attend any scheduled court dates, even without proper service, and explain your situation to the judge. The previous dismissal of a similar eviction attempt works in your favor and demonstrates a pattern that could help your case. Stay strong - you have meaningful legal protections, and help is available.
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