Housing Laws

If your landlord sues to evict you, you can argue as a defense that the landlord violated this law. The judge will assume (presume) that the landlord has violated this law if:

• your landlord files a complaint to evict you within 30 days of a resident, tenant, or other person making a request for help from law enforcement or emergency assistance; and
• the complaint alleges that calling law enforcement or emergency assistance is a rental agreement violation, lease violation, or a nuisance.¹

The landlord will have a chance to prove that s/he did not violate this law by showing that there was a substantial reason for the complaint other than requesting help from law enforcement or emergency services.²

Additionally, if your landlord violates this law, you can request an injunction. An injunction is a court order that requires a person to stop taking certain actions. The injunction can stop the landlord from:

• creating or enforcing policies that violate this law; and
• imposing or threatening to impose penalties against the tenant, resident, or other harmed person based on requesting help from law enforcement or emergency assistance on behalf of a victim of abuse, victim of crime, or person in an emergency.³

¹ Cal.Civ.Code § 1946.8(f)(1)
² Cal.Civ.Code § 1946.8(f)(2), (f)(3)
³ Cal.Civ.Code § 1946.8(g)