LOS ANGELES – Staying peacefully while complying with the legal agreement makes the tenant enjoy his life to the peak in the rental house. A home is a dream of everyone where a person can live peacefully with his family members. Tenants have the right to enjoy their homes where they relish activities of life.
Any sort of unlawful eviction by the landlord can trouble the tenant. Los Angeles Eviction Attorney provides aid to the tenants about such laws and conditions by which they can legally fight such conditions. One’s house is one’s dream which he never wants to destroy or leave so the eviction attorneys will help you in saving your rights.
A tenant who is illegally evicted can either sue the landlord (either in civil court or small claims court) or use the illegal eviction as a defense or countersuit to an eviction lawsuit.
After trying to illegally evict a tenant, the landlord might decide to go to court and bring an eviction lawsuit against the tenant. Even if the eviction lawsuit is valid (most likely because the tenant failed to pay rent or violated the lease), the tenant could still bring evidence that the landlord tried to illegally evict the tenant and then receive damages from the landlord for the illegal eviction.
They are responsible for determining the scenario in-depth and take the best action to avoid unlawful eviction. Landlord and tenant sign the agreement, so that tenant shifts to the landlord’s property to stay. The clauses of the agreement matter a lot. Abiding by all the rules and regulations prevents the tenant from the issues of eviction. But, in many cases, it has been seen that the landlord undergoes self-help eviction.
Self Help Eviction:
Landlords take the aid of self-help eviction to distress the tenants so that they leave the house on their own. This is an unlawful method of evicting the home. In this method, the landlord takes the wrong steps for getting the possession back to him. Indeed, it would not be wrong to regard it as landlord harassment. He does not undergo the proper eviction process. He may cut off the power supply of the house.
In addition to this, the landlord may threaten the tenant to leave the home along with bag and baggage. He may consider threatening or ordering as per his ease. Such kinds of misbehaving and tortures are ample for forcing the tenants to leave the house. Tenants should take legal action against such notorious activities.
Protected Tenant:
The eligibility for the protected tenant varies from state to state. Protected tenants are those who cannot be evicted from the house. These can be senior citizens, for instance, people aged above 62. Likewise, people living in a property for many years, such as 10 years or more can be protected tenants. Law provides protection to such tenants and ensures to maintain their rights.
Hence, evicting them all of a sudden is not possible. These come under the protection of the law and are quite difficult to be evicted. With such honorable persons, the landlord should avoid misbehave and do not compel them to leave the house even if they fail to pay monthly rent due to certain reasons. It is because the law is in favor of these people so, the landlord needs to avoid nasty behavior with them and can get the property through the proper legal process.
Discriminatory Eviction:
One of the forms of eviction is discriminatory eviction which is entirely dependent upon the landlord’s personal choices. Here, the landlord discriminates and chooses who should be in his rental house and who should be kicked out quickly form the home. He makes this decision by considering the class of people. He tries to evict the tenant based on his religion, skin color, children, etc. Law aims to protect the tenants on the basis of their classes.
Federal Fair Housing Act fights for the rights of tenants on the basis of their class and provides protection to seven classes. These basically include disability, familial status, religion, national origin, sex, color, and race. If the landlord depicts racism by unlawful eviction of such tenants, then they have the right to file a case against him. In some states, there are additional classes that come under protection.
Irrational Eviction:
If a young couple is living in your rental house form the last 3 years. Upon pregnancy of the lady, you feel that they should leave you home as the newborn baby would trouble you due to his screaming. So, it is an unlawful activity. This sort of illegal eviction can put you in hot water. Avoid being racist on the basis of human being’s classes and treat them equally.
The illegal eviction can be made on the basis of any nonsense and illogical thoughts that can harm the tenant and make the scenario problematic for him. But do not need to worry as an eviction attorney is experienced in such cases that can help you to move out from the dark hole with super ease.
Retaliatory Eviction:
One of the most popular of unlawful eviction is retaliatory eviction. It is the eviction of the tenant on the basis of a personal grudge. For instance, ordering the tenant to immediately leaves the rental house merely because he made you sad. Likes, evicting the tenant because he has made a complaint to you. Such a scenario is unjust to kick out the tenant form the rental house. So, retaliation must not be a cause of eviction.
Tenants’ Rights Against Retaliatory Eviction
Tenants have got several rights as well. Renting is associated with lots of troubles and upcoming issues. Many such issues are predefined and have a maximum chance to occur. One of such popular issues is related to renting, which is unlawful eviction. Tenants have the power and authority to fight for their rights. Reporting about the flaws of a house is the right of the tenant. He would let the landlord aware of issues and would require him to fix them in order to prevent any health consequences.
The tenant has given some rights by which he can save himself from such scenarios of eviction from his home. If the tenant has to face any physical or mental damage, he has the right to claim for it. In the case where the tenant has broken his leg or get fracture due to a fall or slip on the stairs, he can take the legal action. So, demanding to evict the home because the tenant has taken action against the landlord is entirely unjust.
Physically Thrown Out:
The landlord has to abide by the rental agreement as well. According to the proper method, he has to provide the notice almost 30 days or 60 days before the eviction date. The tenant would find any other suitable place to live in during this tenure. Entering the home and throwing the tenant out along with luggage is a highly discouraged method of eviction.
Moreover, it is considered a crime to throw out the tenant in such away. Hiring the eviction attorney would let you protect you right, and he would also provide you the compensation for your loss. Many of the luggage gets broken when the tenant is forcefully thrown out. DO not endure the loss and get the compensation as well.
Changing Home Locks:
The negative thinking approach of the landlord can compel him to change the locks of your rental house, especially the main lock. The landlord utilizes such an approach when you are out of your rental home. THs incident would indulge the tenant in mental distress, and emotional exhaustion as staying outside the home along with family is quite heart wrenching.
Preventing the entry to the home is one of the worst incidents of one’s life. Do not let take such incidents for granted as the landlord can repeat such actions in the future with others. Immediately file the case against him by taking the guidance from the eviction attorney. He would be aware of the necessary documentation and evidence for filing the case and winning it as well.
Harassment or Threatening:
Threatening or harassing a method through which you can get the desired response immediately. The fear and risk of being threatened again and again compel one to follow the demand of others. So, landlords adopt this tactic for evicting the tenants. Harassing or threatening is the common approach as it develops pressure on the leave of the house.
The landlord starts visiting the rental house so often to threaten them. Or, he may call them on a frequent basis to leave the house else they would be responsible for the harms. Such sort of activities harasses the tenants, and they consider packing their bag and baggage at their earliest.
Stand for your Rights:
Eviction Attorney should be the prime thinking that should bombard your mind when you suffer from such incidents. The rights of civilians are protected by law. The majority of the civilians are not aware of their rights, so they silently bear whatever happened to them. It promotes the wrongful action of the other party and leads to more crime. Sue the landlord for his mischievous actions and let the law punish him for all your sorrows and worries.
The court may decide the punishment for him, which can be fine or imprisonment. He has to pay for the losses of tenant baggage and is liable to return the security amount as well. Eviction attorney is professional enough to handle the case as he knows the tactics for winning and perfects ways to deal with unlawful evictions. You would get your right quite rapidly by hiring the attorney as he knows well about the complex legal proceedings.