Empowering Tenants: Know Your Rights When Landlords Demand Repossession

Rental property in California refers to a real estate property that is owned by a landlord. These properties are usually rented out to tenants for a specified period, usually monthly. In California, rental properties can take many forms, including single-family homes, apartments, condos, townhouses, and even commercial spaces. Hence, there is a need for tenant rights in California.

This article shows a situation where the landlord made a crazy demand. She wanted her tenant to move out for the week so she could host her friends. Keep on reading to find out more about it. 

Everything That Happened Between the Landlord and Tenant

Landlords have the right to repossess their property, but only in certain situations. But in this case, she didn’t give the tenant a prior notice to evacuate the building and she wanted her to move out of the house for the weekend because she was having her friends over. This violated the tenant rights in California.

The tenant disagreed and told the landlord she didn’t need to inform her of her plans and couldn’t just leave her house at a moment’s notice, saying she had things to do. The landlord says the tenant has put her in a bit of a difficult situation because her friends were coming and with it being her house, she has the right to allow them to stay. 

The tenant, however, was aware of her rights and made it clear that it wasn’t in their tenancy agreement. The landlord went further to suggest putting the tenant up in a hotel down the road. 

The landlord is violating the tenant’s rights by forcing them to move out without proper notice. The tenant is well within her rights to refuse to move out and it’s proper she stands up for her rights. 

Does a Landlord Have a Right to Repossess Their Home During Tough Times?

Landlords have the right to repossess their property if the tenant has broken the terms of the lease agreement, such as failing to pay rent or damaging the property. It’s important to note that even if the landlord has the legal right to repossess the property, they must still follow the proper procedures and give adequate notice to the tenant. 

If the landlord fails to follow the proper procedures, the tenant may be able to challenge the repossession in court. They can claim that the Landlord violated the tenant’s rights in California.

Additionally, some jurisdictions have laws that protect tenants from eviction during certain times, such as during the COVID-19 pandemic. These laws may limit the landlord’s ability to repossess the property, even if the tenant has broken the terms of the lease agreement.

Legal Advice for Tenant Rights in California 

A landlord may evict a tenant for many reasons, but they must go through the proper legal channels and give the tenant due notice. The amount of days necessary for due notice varies by state and can range from nearly immediate to 30 days or more.

A landlord who does not follow the correct protocol generally faces an uphill legal battle if they end the rental agreement or a tenant’s occupancy before the lease expires. If a landlord violates housing laws, a tenant may be entitled to remedies, including monetary damages.

When a landlord rents out a property to a tenant, they give up possession of the property. By law, your landlord must respect your privacy. However, a landlord does have a right to enter in certain situations. You should cooperate with your landlord if he has a valid reason to request entry. This doesn’t interfere with the tenant rights in California.

Tenant Rights in California

In California, landlords are generally required to provide advance notice before entering a tenant’s property. However, there are certain exceptions to this rule. For example, a landlord may enter the property without advance notice in the case of an emergency, such as a fire.

In addition, if the tenant has given prior approval for the landlord to enter, the landlord may do so without notice. Another exception is if the tenant has abandoned the property, the landlord may enter without notice. Finally, if a court has issued an order allowing the landlord to enter the property, the landlord may do so without prior notice.

Types of Eviction Notices That Don’t Affect the Tenant Rights in California

• 3-Day Notice to Pay Rent or Quit

California law requires landlords to give tenants a three-day notice to pay rent or vacate if they do not pay. If the tenant fails to comply with the notice, the landlord may file an Unlawful Detainer case in court to evict them. Even if the tenant leaves the premises after receiving the notice, the landlord may still pursue a claim for the unpaid rent. 

This notice is often used in California to enforce lease agreements and safeguard landlords’ rights.

• 30-Day Notice to Vacate or Quit

According to California law, a landlord can discontinue a month-to-month lease by providing the tenant with thirty days’ notice. The notice does not need to state why the tenancy is ending. If the tenant leaves before the 30-day notice period expires, they may still be liable for rent during that time. 

The landlord may then bring an Unlawful Detainer case to have the tenant evicted if they refuse to leave.

• 60-Day Notice to Vacate or Quit

If a tenant in California has been living in the property for more than a year, the landlord has the right to end a month-to-month tenancy by providing them with a 60-day notice. An explanation for the eviction is not necessary for this notice. Even if they leave early, the tenant is still liable for rent for 60 days and must leave the property by that time. 

The landlord may then follow the tenant’s rights in California. This means he can take legal proceedings to evict the tenant if they refuse to leave. 

• 90-day Notice to Vacate or Quit

When terminating a Section 8 tenant-based housing contract in California, landlords are required to give tenants at least ninety-day notice. The notice must include the effective date of the termination as well as the information that the tenants will only be responsible for paying their share of the rent for the ninety days that follow. 

The landlord may then file an Unlawful Detainer action to have the tenants evicted if they refuse to leave the premises. 

Conclusion

Finally, the landlord’s actions in this case are not justifiable. She failed to provide the tenant with appropriate notice to vacate the property and her request for the tenant to vacate the home so that she may welcome her friends is not a valid reason for eviction. This violates the tenant rights in California. The tenant is entirely within her rights to refuse to vacate the property.