Not every eviction that a tenant disagrees with is legally "wrongful" — but California law does recognize a number of situations where a landlord's attempt to remove a tenant, or the manner in which it is carried out, can cross the line into a wrongful eviction. Below is a general overview of the most common categories.
Self-Help Evictions
California law generally requires a landlord to obtain a court judgment before physically removing a tenant. So-called "self-help" evictions — changing the locks, removing a tenant's belongings, shutting off utilities, or otherwise attempting to force a tenant out without going through the court process — are generally not permitted, regardless of whether the landlord believes there are valid grounds to end the tenancy.
Evicting Without a Valid Notice or Court Judgment
An eviction carried out without the notice and unlawful detainer process required for the circumstances — or based on a notice that did not meet applicable legal requirements — can potentially support a wrongful eviction claim, separate from any defense that could have been raised in the eviction case itself.
Retaliatory Evictions
California law generally prohibits a landlord from evicting, or threatening to evict, a tenant in retaliation for exercising a legal right, such as requesting repairs, reporting a habitability issue to a government agency, or joining a tenants' organization. Timing — for example, a notice served shortly after a tenant makes a complaint — is often a key fact in evaluating whether retaliation may be involved.
Discriminatory Evictions
An eviction motivated by a tenant's membership in a legally protected class can violate both state and federal fair housing laws, separate from and in addition to any defense available in an eviction case.
Evictions That Bypass Just-Cause Requirements
Where a tenancy is covered by California's statewide or a local just-cause ordinance, attempting to end it without a qualifying just cause — or without paying relocation assistance where required — can also potentially give rise to a claim. See our article on California rent control and eviction rules.
What Tenants Can Generally Do
Tenants who believe they have experienced a wrongful eviction, or who are facing pressure to leave outside the formal court process, generally benefit from documenting what has happened (dates, communications, and any notices) and speaking with an attorney promptly, since some claims are subject to time limits.
Our office represents tenants in evaluating potential wrongful eviction situations. Contact us for a free initial consultation.