A property owner should make every effort, including consulting with an attorney, to ensure they operate under the law. One reason to do so is to avoid being sued for wrongful eviction, though these claims are sometimes falsely made. If you’re facing one of these lawsuits or want advice on how to prevent one, Anthony Burton can help.
A wrongful eviction claim is an allegation of landlord wrongdoing combined with an eviction or forcing a tenant from their home because it’s uninhabitable. This kind of lawsuit can be filed by itself or be a counterclaim in response to an unlawful detainer (eviction) proceeding.
What are Valid Reasons to Evict a Tenant?
There are many restrictions on evicting a tenant, including those that are a part of the Tenant Protection Act of 2019. That law has a just cause requirement for terminating tenants who lived in the property for 12 or more months (with exceptions). The law discusses just cause in two different ways.
“At-fault just cause” includes:
- Not paying rent
- A material breach of your lease after the tenant gets notice and has an opportunity to cure the problem
- Criminal activities on your property
- Criminal threats against you or your agent
- Improper subletting or assignment of the space.
There’s also “no-fault just cause,” which includes:
- You intend to house certain family members in the unit, provided any lease you entered into after July 1, 2020, includes a provision allowing such termination
- Taking the property off the rental market
- The property must to vacated to comply with a government order or local ordinance
- Your intent to substantially remodel or demolish the property
If you don’t follow the law (including giving notices to tenants of the law and their rights) when evicting a tenant, you could be accused of wrongful eviction, although this law won’t apply in some situations:
- The housing received a certificate of occupancy within the last 15 years
- Your housing is restricted by a regulatory agreement or deed with a government agency
- It’s a duplex, and you occupy at least one unit
- Single-family homes, townhomes, or condos not owned by a REIT, corporation, or LLC with at least one corporate member
Evictions can be very technical legally, so to make sure you’re acting correctly to remove the tenant and to protect yourself against a lawsuit or counterclaim, get legal representation.
What are “Wrongful” Ways to Evict a Tenant?
Other reasons to be accused of wrongful eviction are:
- You gave the tenant an illegal eviction notice
- After an owner-move-in eviction, you didn’t move in fast enough (the same goes for relatives moving in)
- The tenant’s forced to leave because you failed to make significant repairs despite getting notice of the problems
- You didn’t offer the unit back after repairs due to a fire, capital improvement, or flood
- You harassed the tenant to the point they had to leave
- You locked out the tenant or turned off the utilities
- You failed to act on a nuisance neighbor
You, and those helping you (like a property manager or real estate agent), could be defendants in one of these actions. Potential damages include:
- The lost rental value of the unit (the increase in rent payments due to the eviction)
- Moving costs and relocation fees
- Emotional distress
In Los Angeles County, if you act in bad faith in getting the unit for yourself, a relative, or a resident manager, the damages may be tripled, and you could be ordered to pay the plaintiff’s attorney’s fees.
How Do I Protect Myself Against a Wrongful Eviction Claim?
Like all civil lawsuits, the plaintiff (the tenant) has the burden of proof. One way to build evidence to defend yourself is to document all interactions and communications with your tenant, especially when problems arise and eviction becomes a possibility.
Get legal counsel to defend your interests and rights if you’re accused of wrongful eviction. We may be able to negotiate a favorable resolution, have the case dismissed on technical or legal grounds, or defeat the case at a trial.
We’re Here to Help
If you’re a residential landlord with questions about evictions or wrongful eviction actions, or you need legal representation, call Anthony Burton at (949) 244-4207 or complete our online contact form today.
