EVICTION DEFENSE BASED ON EVICTION TYPE

Let’s take a step back and study types of evictions that would be claimed in the UD. For the most part, each type of eviction has distinct types of defenses to go with it. To understand which defense applies to a specific type of eviction, we must first look at the various types of eviction.

NationalEvictions: We help Landlords with Evictions! On our Website both Landlords and Tenants can learn how evictions work. For Landlords – We have Every State and the Laws along with each States Process of an Eviction. For Tenants – How to defend Evictions and what evictions are per your State that apply to your Landlord Tenant Laws.

Eviction for Non-payment of Rent
This is the most common reason for eviction. A tenant is unable to pay rent, and therefore the landlord starts an eviction for “non-payment of rent.” The applicable eviction notice a tenant receives with this type of eviction is a “3-Day Notice to Pay Rent or Quit” But, what if the reason the tenant was unable to pay rent was a result of the landlord’s actions or in-actions? For example, what if a tenant was unable to pay rent because he had to pay an excessive water bill due to the landlord’s failure to maintain the plumbing at the property? In cases involving “non-payment of rent,” tenants may also “withhold” rent because of the landlord’s failure to make necessary repairs or maintenance. Should a tenant be evicted for withholding rent? Well, if the tenant has approached this situation in the proper order, this may be an acceptable defense to eviction. We’ll talk about the numerous defenses to this type of eviction later.

Eviction for Termination of Tenancy (no-fault eviction)
Just as a tenant who may terminate their tenancy with 30 days’ notice to the landlord, California law allows landlords to do the same for tenants who live in a property of one year or less. For tenants living in a property more than a year, the landlord must give 60 days’ notice. However, in some cities under local “rent control” or “eviction control” laws, landlords are prohibited from terminating tenancy this way. Evictions legally initiated under these laws do not require any reason or “cause.” The landlord can simply choose to “terminate” the tenancy. If a tenant is unable to comply with the termination notice, the landlord may pursue an eviction in court to regain possession of the property. Evictions initiated under this reason are the toughest to defend against because they do not require any reason or “cause.” The applicable eviction notice a tenant receives with this type of eviction is either a “30 Day Notice to Terminate Tenancy” or a “60 Day Notice to Terminate Tenancy.”

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Eviction for Breach of Lease or Rental Agreement
“Breach” means breaking or violating. Any time there is written rental agreement or lease, the “rules” of the tenancy are clearly stated. Typically, the written agreement outlines all the rules a tenant must follow. It is an instrument to protect the landlord and his property. Any “breach,” such as having pets when they are prohibited in the agreement, are a violation that can lead to eviction. But, what if the pet is a trained dog for a disabled tenant? We’ll talk about that later. However, any “breach” is cause for eviction. Usually, landlords notify tenants of breaches of the rental agreement, and give them an opportunity to correct or “cure” the breach. The minimum amount of time a landlord must give a tenant to “cure” a breach is three days. If a tenant is unable to comply with the notice to cure the breach, a landlord may initiate an eviction.
The applicable eviction notice a tenant receives with this type of eviction is either a “3 Day Notice to Cure Covenant or Quit” or a “3 Day Notice to Perform Covenant or Quit.” What about “oral” agreements? A tenancy may be created under an oral agreement, and nonpayment of rent can be enforced. However, it is difficult for a landlord to prove there was a breach of oral agreement for most anything other than rent. This may also work against a tenant because the landlord can simply change terms later. If terms have been changed in writing, these would be legal even if the original rental agreement was oral.

Eviction after Foreclosure
There are two types of eviction that fall under the “Eviction after Foreclosure” category. The first is when the owner of a property defaults on his mortgage and the bank forecloses. The home is then sold, and the new owner initiates eviction based on a “Three-Day Notice to Quit” under This type of 3-day notice is different from a three-day notice to pay rent-or-quit because there is no alternative except “quit.” The only way the previous home-owner can comply with the notice is to move-out within three days. The second type of eviction under this category is related to tenants of the foreclosed owner. Often, properties are leased to tenants by an owner who later defaults on his mortgage. The tenant may be paying rent on time, and is otherwise a “good tenant.” But, after the foreclosure, the new owner may initiate an eviction anyway. Under this type of eviction, tenants must be afforded the same process to terminate tenancy under law. If a tenant has a fixed-term lease, even with the previous foreclosed owner the property, that lease may continue. However, under some circumstances, even with a lease, the tenancy may be terminated with a 90-day notice.

Eviction for Tenancy At Will
A “Tenancy At Will” is basically a person who lives at a property for an indefinite period without ever paying rent. ex of case law:(Covina Manor v. Hatch (1955) 133 CA2d Supp 790). Usually, a tenant-at-will is a relative who lives with another for free. For example, an adult child living with parents. This type of tenancy only requires a 30-day notice no matter how long the tenant has resided at the property.

There are other unusual types of eviction. But, for the purposes of this guide, we will focus on the most common as listed above. In the next section, we’ll look at some of the eviction defenses and how they apply to these evictions.

NationalEvictions: We help Landlords with Evictions! On our Website both Landlords and Tenants can learn how evictions work. For Landlords – We have Every State and the Laws along with each States Process of an Eviction. For Tenants – How to defend Evictions and what evictions are per your State that apply to your Landlord Tenant Laws.