Wrongful Eviction
Forcing a tenant out of a unit without a court order is not allowed in California. It is illegal for a landlord to do any of the following to try to force a tenant out of a unit: Remove exterior doors or windows. Prevent a tenant’s access to the rental unit by changing the locks.
WHAT IS WRONGFUL EVICTION?
A tenant can sue a landlord for wrongful eviction when the landlord attempts to evict the tenant without following all required legal procedures. Given the complicated nature of the state law and local ordinances, it can be difficult for property owners, especially one without an attorney, to fully comply with all laws regarding evictions.
HOW CAN I SUE A LANDLORD FOR WRONGFUL EVICTION?
Wrongful eviction lawsuits should be taken seriously and the failure to do so can be costly for a landlord. A tenant that is successful in wrongful eviction lawsuit may receive a significant monetary award to compensate them, including emotional distress damages and payments for future rent, as well as the potential for punitive damages.
WHO IS RESPONSIBLE FOR WRONGFUL EVICTION?
A landlord and anyone who assists a landlord in attempts to wrongfully evict can be held liable for wrongful eviction. Real estate agents, property managers, and relatives are often held liable for wrongful eviction. The damages awarded for wrongful eviction include (1) the lost rental value of the rent-controlled unit, (2) moving costs and statutory relocation fees, and (3) emotional distress.
