Disputes between landlords and tenants are often frustrating and confusing. This civil issue can be addressed. However. it requires you to educate yourself on your rights whether you are the landlord or the tenant. Please watch the following 4-part video regarding landlord/tenant issues and evictions.
For additional information and resources, please read the Landlord/Tenant Booklet, courtesy of the California Department of Consumer Affairs.
Both the landlord and the tenant are capable of breaking laws created to protect them both. Landlords are in danger of violating the law if they lockout a tenant (418 PC), damage their property or even your own property in attempt to move them out (594 PC), and enter the property without lawful notice (602.5 PC) just to name a few.
The landlord may evict a tenant for just about any reason. In fact, the tenant does not need to be in violation of a rental agreement. However, the landlord must give the tenant written notice, 30 days in advance. If the tenant does not vacate, the landlord must bring an unlawful detainer, available at the Yuba County Courthouse. There is a 3-day, “pay or quit” exception wherein the landlord can serve a 3-day notice to the tenant if the tenant is behind in rent. If the tenant pays, the notice is voided.
The tenant is entitled to certain habitable conditions. The landlord must provide a residence that has a working kitchen sink, bathroom sink/toilet/bath, heating, plumbing, electricity, garbage storage, and other health and safety considerations. Once the tenant addresses the problem with the landlord and receives no reasonable correction, the tenant may report the landlord to the housing authority or department of sanitation. For more, read the California Civil Code section 1941, and visit the Tenants Together page for tenant rights information