When a tenant is served an eviction notice, he or she can take legal steps to stall it. Usually, any eviction notice is a retaliatory move as it is the result of a breach. However, the term retaliatory eviction refers to a situation when the landlord wants to evict the tenant for exercising legal rights, according to California Law. A tenant can leverage legal assistance if the eviction notice comes with the intent to punish the tenant for practicing certain rights protected under the law.
The law treats an eviction notice as a retaliatory move if it is served within six months of exercising the following rights by the tenant:
- Choosing to use the deduct and repair remedy or informing the landlord of the same.
- Expressing grievances to the owner about the property’s condition.
- Submitting a complaint to a public agency after informing the landlord.
- Filing a lawsuit based on the habitation’s condition.
- Issuing a citation to the property owner or causing a public agency to inspect the rental property.
What does the tenant have to prove?
The tenant has to prove a few things to defend against the eviction. He or she would have to prove that they have exercised any of the mentioned rights within the last six months. They will also have to prove that there was no defense of retaliation more than once in the last 12 months. The tenant also has to prove that the rent is current.
It will be a wise move for any tenant to keep copies of notices, payments, and complaints as these will become physical evidence. Their legal representation for retaliatory eviction can use these documents as proof of the retaliation.
As it is a legal case, the court will require the landlords to prove their side. They might be able to prove that they had no retaliatory motive behind the notice. But the tenants can still prove retaliatory motive on the landlord’s part. Even if the landlord manages to prove a valid point, the tenant still has a chance to prove that the landlord’s motive was not good. Once both sides provide all the evidence, the jury or judge decides whether it was a retaliatory move or a valid reason with no vile intention.
