If someone has accused you of domestic violence, you may be facing a variety of consequences. In some cases, your landlord could even be trying to evict you.
It can be frustrating to face being kicked out of your home because of accusations without being able to give your side of the story. But the good news is that you do have rights, and there are steps you can take to protect those rights.
Know what your rights are under California law
In California, a landlord can’t physically evict someone without first going through an eviction proceeding. Before they start this legal process in court, they’re required to give the tenant sufficient notice. This notice usually comes in the form of a letter or note that your landlord leaves at your residence or gives to you personally.
If you have rented the premises for less than a year, the law requires them to give you 30 days’ notice. If you’ve lived there for more than a year, they must give you 60 days’ notice. As soon as you receive an eviction notice, it’s a good idea to contact an attorney immediately to represent you in the upcoming eviction proceedings. They’ll know exactly which arguments are most likely to get a favorable judgment from a judge, and which ones only hurt your case.
If your landlord evicts you prematurely, you have recourses
Sometimes, a landlord might be overzealous in their attempts to evict a tenant, and they might jump the gun instead of following proper legal protocol.
If your landlord tries to change the locks or otherwise evict you before an official eviction hearing is held, California law gives you recourses. You could sue your landlord for damages. If you don´t want to do that, you could still use the premature eviction as a solid argument in your eviction hearing for why your landlord improperly evicted you. Your attorney will be able to guide you through the various options you have available to you, based on your specific situation.
Having someone accuse you of domestic violence can be very stressful, and it can have lots of inconvenient consequences. If you are in this situation, you can rest assured that at least California law protects you from premature eviction. Hopefully, you may even be able to win the eviction lawsuit and stay in your home.
