When you own investment properties in the Beverly Hills area, there is always the chance that you may have trouble with a tenant. Tenants may fail to pay rent or violate other terms of the lease agreement, all of which can cause problems for a landlord. When you decide to evict a tenant, you may want to do so as soon as possible, though there are restrictions set out by California law. The law requires landlords to follow certain procedures – such as giving proper notice to tenants and filing an unlawful detainer action in court – before a tenant can be evicted.
If a landlord takes other measures to evict a tenant, it can violate the law and the landlord may face liability. It is important to understand when an eviction may be wrongful to avoid unnecessary penalties.
When a landlord decides to take action to force a tenant to move out, it is often considered to be a wrongful self-help eviction. Conduct that can constitute self-help eviction includes:
- Cutting off utilities
- Removing a front door
- Changing the locks
- Removing a tenant’s possessions from the premises
If a landlord tries to force a tenant out without getting proper permission from the court, it can only create more problems for the landlord.
Evictions Based on Retaliation or Discrimination
The law also protects a tenant’s right to fair housing without discrimination or retaliation. An eviction cannot be based on a tenant’s race, religion, sexual orientation, marital status, gender, or other protected factors. In addition, a landlord cannot evict a tenant in retaliation for complaining of code violations, other safety issues, or necessary repairs, or for exercising any legal rights under the law or the lease agreement.
Contact a Real Estate Lawyer in Beverly Hills for Assistance Today
The Law Offices of Jon H. Freis advises and represents landlords in eviction cases to ensure the eviction is lawful and efficient. Call 310.276.1218 or contact us online today to discuss how a Beverly Hills real estate attorney can help.