Illegal Evictions: What You Should Know as a Tenant

Know your rights as a tenant. That way, if you get served with an eviction notice, you’ll if it’s legal or not and you’ll have an idea what to do.

Eviction notices: 3 Types

There are 3 types of notices you might receive:

  • Pay Rent or Quit: In case you’re behind your rent, your landlord will send you this notice and give you a set number of days to send the payment or leave. You usually get 3 to 5 days before you must leave.
  • Cure or Quit: If your rental agreement or contract specifically forbids pets, but you have one or two living in the rental property, your landlord will send you this notice and give you a certain amount of time to comply with the rules or leave.
  • Unconditional Quit: When you receive this notice, it means you have no choice but to leave. These notices, though, are only limited to certain situations:
    *  Late rental payments more than a few times
    *  Multiple violations of the lease or rental contract
    *  Illegal activities in the property
    *  Serious damages to the property

If your behavior doesn’t fall under any of the four, then your landlord must provide you with 30 or 60 days, says the Department of Consumer Affairs in California or the DCA.

Illegal evictions

In case your landlord tries to evict you for retaliatory reasons, for instance, if you used the repair and deduct remedy, then you have rights that protect you from that eviction. Other retaliatory actions might also include your landlord raising the rent, cutting off your electricity and plumbing or even forcibly entering the premises without due cause. In these situations, it’s best to consult with an illegal evictions lawyer in Berkeley to help you. By getting legal assistance, you have the help you need to deal with that eviction notice.