I spent some time volunteering a few hours every other week at my local legal aid clinic, and I found it incredibly rewarding, both in being able to help those in need with their legal matters and in connecting with local attorneys and law students.
The most common issue that came up at the clinic involved disputes between landlords and tenants. Because these cases are so frequent, I thought it would be helpful to lay out the basics of California landlord-tenant law, a topic that’s in high demand and can affect nearly anyone who rents or owns residential property.
The Landlord-Tenant Relationship
At its core, nearly every landlord-tenant relationship boils down to an exchange of money for the right to use and possess land for a set period of time. This agreement is called a lease. It establishes the essential terms: the names of the parties, their respective rights and obligations, the rent amount, and how long the arrangement will last.
Most of the time, the lease runs its course without issue. But occasionally, one or both parties may feel the other has failed to live up to their end of the bargain and turn to the law for help.
Importantly, while the lease generally governs the relationship, there are certain matters that cannot be contracted away. California law provides minimum protections for both landlords and tenants, and any lease that attempts to waive those rights is likely unenforceable. When in doubt, it’s always wise to consult an attorney to review the specific terms of your lease.
The Aggrieved Landlord
When a landlord believes the tenant has violated the lease or the law, the primary legal remedy is eviction, known in California as an unlawful detainer action.
Before a landlord can evict, they must have just cause. Just cause includes reasons such as:
- Nonpayment of rent
- Violations of the lease agreement
- Engaging in illegal activity
- Disturbing the quiet enjoyment of others
- The need for substantial repairs or remodels
- Removal of the property from the rental market
Once a landlord has just cause, they must provide the tenant with written notice of their intent to evict. The notice period varies depending on the reason, three days for unpaid rent or lease violations, thirty days for other grounds, and up to ninety days in certain government-subsidized housing situations.
In short, lawful eviction requires two things: just cause and proper notice.
The Evicted Tenant
At the clinic where I volunteered, I more often met tenants seeking help. This was likely because of the clinic’s income requirements, but it’s also true that landlord-tenant disputes tend to hit renters hardest.
For tenants, the biggest question I get is: “Do I still have to pay rent?” The answer, in almost every case, is yes. It is extremely rare for a tenant to legally withhold rent; that usually happens only when the lease has been effectively destroyed, for example, if the property becomes uninhabitable.
If you’ve been told you’re being evicted (or served with an unlawful detainer), there are defenses available to you.
First, your landlord must have a valid legal reason, just cause, for the eviction. If they’re asking you to leave simply because they found someone willing to pay more, that’s not just cause, and the eviction may be defective on its face.
Second, you’re entitled to due process during the eviction. For example, if your landlord only calls you on the phone and tells you to leave in three days, that’s not valid notice. You are legally entitled to written notice, and insisting on it is both your right and your protection; it can buy you time and ensure the process follows the law.
Conclusion
Landlord-tenant disputes are often filled with emotion and accusation. That’s why it’s so important to rely on the structure and protections the law provides. Whether you’re a landlord seeking to evict a tenant or a tenant facing eviction, don’t go it alone when tensions are high. A neutral third party, especially an attorney familiar with housing law, can make all the difference in ensuring fairness and protecting your rights.
If you’re dealing with a landlord-tenant issue in Ventura County and need guidance, feel free to reach out. I’m always happy to point people in the right direction.
— Alex Murad, Esq.