Eviction Defense FAQ

A 3-day notice to pay rent or quit is a legal document that California landlords must serve to tenants before initiating an eviction lawsuit for unpaid rent. Under California Code of Civil Procedure Section 1161, this notice gives tenants exactly three days (excluding weekends and judicial holidays) to either pay all past-due rent in full or vacate the rental property. The notice must contain specific information including the exact amount of rent owed, the name and address where payment can be made, and the dates for which rent is due.

Importantly, landlords cannot include late fees, utility charges, or other non-rent charges in the 3-day notice amount. If the notice includes improper charges or contains errors in the amount owed, it may be defective and could serve as a defense in an unlawful detainer action. Tenants should carefully review any 3-day notice received to verify its accuracy and compliance with California law.

Defending against an unlawful detainer lawsuit in California requires understanding multiple potential defenses available under state law. First, you should verify that proper notice was served according to California Code of Civil Procedure Section 1162, which requires personal service, substituted service with mailing, or posting and mailing.

Common defenses include:

• Defective notice: Wrong amount, improper format, or insufficient time
• Retaliatory eviction: Under Civil Code Section 1942.5 if you complained about habitability issues within the past 180 days
• Discriminatory eviction: Under the Fair Employment and Housing Act
• Just cause violations: If your property falls under AB 1482, your landlord must have valid cause
• Habitability defenses: Under Civil Code Section 1941-1942.5 if the landlord failed to maintain the property

It is crucial to file your response within five days of service and consider seeking legal assistance from organizations like legal aid or tenant rights groups.

No, California law strictly prohibits landlords from evicting tenants without obtaining a court order through the formal unlawful detainer process. Under California Civil Code Section 789.3, landlords are expressly forbidden from engaging in self-help eviction tactics, which include changing locks, removing doors or windows, shutting off utilities, removing tenant belongings, or physically forcing a tenant to leave.

These actions constitute illegal lockouts and can result in significant penalties for landlords. If a landlord attempts a self-help eviction, tenants can sue for:

• Actual damages suffered
• Statutory damages of up to $100 per day for each day the violation continues
• Attorney fees and court costs

Tenants may also call law enforcement, who can assist in regaining access to the property. The proper eviction process requires the landlord to serve appropriate notice, file an unlawful detainer complaint, serve the summons and complaint, obtain a judgment, and then request the sheriff to execute a writ of possession. Only the sheriff can physically remove a tenant after a lawful eviction judgment.

If you ignore a 3-day notice to pay rent or quit in California, your landlord can proceed with filing an unlawful detainer lawsuit against you after the three-day period expires. Once filed, you will be served with a summons and complaint, and you have only five calendar days to file a written response with the court (or fifteen days if served by substituted service).

Failing to respond to the unlawful detainer complaint results in a default judgment, meaning the landlord automatically wins without a trial. The court will then issue a judgment for possession, and the landlord can obtain a writ of execution allowing the sheriff to physically remove you from the property, typically within five days of the writ being issued.

An eviction judgment can remain on your record for years, making it extremely difficult to rent housing in the future. Additionally, you may be held liable for unpaid rent, court costs, and potentially attorney fees. Therefore, it is crucial to either pay the rent, negotiate with your landlord, or prepare a legal defense rather than simply ignoring the notice.

Just cause eviction under California AB 1482, also known as the Tenant Protection Act of 2019, requires landlords of covered properties to have a legally valid reason before evicting tenants who have occupied the unit for at least 12 months. The law divides just cause into two categories:

At-Fault Causes:

• Nonpayment of rent
• Breach of lease terms
• Nuisance or criminal activity
• Refusal to allow lawful entry
• Subletting without permission
• Refusal to sign a lease renewal with similar terms

No-Fault Causes:

• Owner or family member move-in
• Withdrawal from rental market under the Ellis Act
• Intent to demolish or substantially renovate
• Compliance with government orders

For no-fault evictions, landlords must provide relocation assistance equal to one month's rent or waive the final month's rent. AB 1482 applies to most rental properties built before 2005, with exemptions for certain single-family homes and properties already covered by stricter local rent control ordinances.

In California, the time to respond to an eviction lawsuit (unlawful detainer) depends on how you were served:

• Personal service: Five calendar days to file a written response
• Substituted service: Fifteen calendar days to respond

These deadlines are strictly enforced, and weekends and holidays count as part of the five or fifteen days unless the deadline falls on a weekend or court holiday, in which case it extends to the next business day.

Your response, typically called an Answer, must be filed with the court and served on the landlord or their attorney. In your Answer, you can deny allegations, raise affirmative defenses such as improper notice, retaliation, discrimination, or habitability issues, and request a jury trial.

Missing this deadline results in a default judgment against you, so it is critical to act immediately upon receiving eviction papers. Many courts offer self-help resources and forms to assist tenants in preparing their response.

California tenants facing eviction for nonpayment of rent have several valid defenses under state law:

• Defective 3-day notice: Wrong amount (including late fees or other charges), failure to specify where rent can be paid, or improper service under CCP 1162
• Breach of implied warranty of habitability: Under Civil Code Section 1942, if the landlord failed to maintain the property in livable condition, allowing rent reduction proportional to uninhabitability
• Retaliatory eviction: Under Civil Code 1942.5, if landlord filed eviction within 180 days of tenant exercising legal rights
• Partial payment accepted: Acceptance may waive the right to evict
• Discrimination: Eviction based on protected characteristics under FEHA
• Rent properly tendered but refused: Complete defense if landlord refused lawful payment

Documentation of all repair requests, payments, and communications with the landlord is essential for establishing these defenses in court.

Unlike some states that have winter eviction moratoriums, California does not have a statewide law prohibiting evictions during winter months or specific seasons. Evictions can proceed year-round following the standard unlawful detainer process.

However, some local jurisdictions in California have enacted additional tenant protections that may include seasonal restrictions or enhanced protections during extreme weather events. For example, some cities have emergency ordinances during declared weather emergencies that may temporarily halt evictions. It is important to check your local city or county ordinances for any additional protections that may apply.

Additionally, if you have minor children in school, while there is no legal prohibition on eviction, some landlords and courts may consider timing as a factor in relocation assistance or continuances. Tenants facing hardship should explore emergency rental assistance programs, which provide funds to help pay rent and prevent eviction.

California has allocated substantial funding for rental assistance through programs like the California COVID-19 Rent Relief program and subsequent emergency assistance initiatives administered through local housing agencies.

A 30-day or 60-day notice to terminate tenancy is used by California landlords to end a month-to-month tenancy without alleging any wrongdoing by the tenant. Under California Civil Code Section 1946.1:

• 30-day notice: Required if tenant has occupied the unit for less than one year
• 60-day notice: Required if tenant has resided in the unit for one year or longer

However, this straightforward termination approach is now limited by AB 1482. For properties covered by the Tenant Protection Act, landlords cannot simply terminate tenancy with a 30 or 60-day notice after the tenant has been in possession for 12 months; they must have just cause as defined by the statute.

Properties exempt from AB 1482, such as qualifying single-family homes with proper notice or newer construction, may still use these notices without stating cause. The notice must clearly state the date by which the tenant must vacate and be properly served according to California law.

Tenants who believe they are protected by just cause requirements should verify their property's status before accepting a no-cause termination notice.

Requesting a stay of eviction in California involves asking the court to delay or postpone the physical removal from your rental unit after an eviction judgment has been entered. Under California Code of Civil Procedure Section 918, tenants can file a motion for stay of execution, typically requesting 30 to 40 days to find alternative housing.

To succeed, you must demonstrate good cause, such as:

• Having children in school
• Medical conditions affecting household members
• Elderly or disabled household members
• Difficulty finding available housing
• Active housing search with documentation

You may need to show you can pay some form of fair rental value during the stay period. The motion should be filed promptly after judgment, ideally before the writ of execution is issued to the sheriff. Some courts require a fee waiver application if you cannot afford filing fees.

Additionally, you can appeal the unlawful detainer judgment and request a stay pending appeal, though this typically requires posting a bond. Time is critical in eviction cases, so seeking legal assistance from legal aid organizations, law school clinics, or tenant rights groups can significantly improve your chances of obtaining a stay.