Common Defenses Tenants Can Use in Eviction Cases

Facing eviction can be a stressful and overwhelming experience for any tenant, but it’s important to understand that there are legal defenses available to help protect your rights. If you are facing eviction in California, knowing your rights and the defenses you can use is essential to potentially delaying or even dismissing the eviction. Tenants who take prompt action and present a solid defense may be able to avoid eviction or negotiate better terms with their landlord.

The Landlord Failed to Follow Proper Notice Requirements:

Under California law, landlords are required to provide tenants with specific written notices before they can proceed with eviction. If a landlord fails to comply with these legal notice requirements, the eviction may be dismissed or delayed. 

Common notice requirements include:

• Three-Day Notice to Pay Rent or Quit: If a tenant has not paid rent, the landlord must provide a written three-day notice that demands the overdue      rent be paid or the tenant must vacate the property. If the notice is not      correctly written or delivered, the eviction process may be invalid.
• Thirty-Day or Sixty-Day Notice to Terminate Tenancy: For tenants who have lived in the rental for less than one year, a 30-day notice is generally required to terminate the tenancy. For those who have lived in the rental for over a year, a 60-day notice is required. If the landlord fails to provide proper notice or uses incorrect language, the eviction case may be dismissed.
• Notice of Violation for Lease Terms or Rules: In some cases, landlords issue notices for violations of lease terms, such as unauthorized pets or      property damage. If the landlord fails to properly specify the violation or provide the proper cure period, the eviction could be contested on these grounds.

Tenants facing eviction should carefully review the notice provided by their landlord to ensure it meets all legal requirements. If the notice is improper, it could be grounds for delaying or dismissing the eviction case.

The Eviction is Retaliatory:

In California, tenants are protected from retaliatory eviction, meaning a landlord cannot evict a tenant in retaliation for exercising their legal rights. 

This includes actions such as:

• Filing complaints with local housing authorities regarding issues like habitability.
• Reporting health and safety violations.
• Organizing or participating in tenant unions.
• Reporting illegal activity by the landlord, such as discrimination or unfair rental practices.

If a tenant can demonstrate that the eviction is a direct result of engaging in any of these protected activities, they may be able to use retaliation as a defense. In California, retaliatory eviction is illegal within six months after a tenant asserts their legal rights. To establish a retaliatory eviction defense, tenants should collect any evidence that shows the eviction followed a complaint or legal action. This could include emails, letters, or documentation from government agencies or housing authorities. If proven, the court may dismiss the eviction case and may even impose penalties on the landlord.

The Property Has Habitability Issues:

California law requires that rental properties meet certain habitability standards. This means the property must be safe, sanitary, and fit for living. If a tenant is being evicted, but the landlord has failed to maintain the property in a habitable condition, the tenant may use this as a defense against eviction.

Common habitability issues include:

• Lack of hot water or heat.
• Pest infestations (e.g., rats, cockroaches).
• Leaks or water damage.
• Mold or mildew.
• Plumbing or electrical issues that make the property unsafe.

If a tenant can prove that the property is not habitable, they may be able to use this as a defense to delay or dismiss the eviction. In some cases, tenants may also be able to withhold rent or repair and deduct the cost of necessary repairs from their rent.

To successfully assert this defense, tenants should document the habitability issues, ideally with photographs or written communication with the landlord. Additionally, tenants should keep a record of any requests for repairs that were ignored or delayed by the landlord.

The Tenant Has Paid the Rent:

In many cases, tenants may be facing eviction due to non-payment of rent. However, tenants can use the defense of having already paid the rent to delay or dismiss an eviction. If a tenant can show that they have paid rent (even if the landlord claims otherwise), they can fight the eviction.

Some common scenarios include:

• The landlord fails to properly credit the rent payment or has mistakenly marked it as unpaid.
• The tenant paid rent in a timely manner but did not receive a receipt or proof of payment.
• The tenant made a partial payment and the landlord rejected it, but the tenant can prove they made the payment.

To defend against an eviction based on non-payment, tenants should provide evidence of rent payments, such as bank statements, receipts, or cancelled checks. Keeping a clear payment record can be essential in defending against an eviction for non-payment.

The Tenant Was Not Properly Served:

A key requirement in the eviction process is that the tenant must be properly served with the eviction papers. If a tenant was not properly served, the eviction can be challenged. In California, landlords must serve tenants with a copy of the unlawful detainer complaint and summons in person or by substitute service. If the landlord failed to serve the tenant in the prescribed manner, the eviction may be invalid.

Tenants should ensure that they have received all necessary documents in the proper manner. If there are any doubts about the service of documents, tenants should consult an attorney to determine if they have a valid defense based on improper service.