An eviction can have significant, lasting consequences for tenants in California, impacting various areas of their lives. Here’s a closer look at some of the main effects an eviction may have on a tenant:
Once an eviction case is filed in court, it often appears on the tenant's credit report, especially if the court rules in favor of the landlord and issues a judgment.
An eviction judgment can significantly reduce a tenant's credit score, as it is seen as a financial responsibility issue. This can make it harder for tenants to qualify for loans, credit cards, and other financial products.
Many landlords run background and credit checks before renting to new tenants. An eviction on record is a major red flag that can make it challenging for tenants to secure future rental housing.
Some landlords may refuse to rent to tenants with prior evictions, while others may require higher security deposits or cosigners to offset the perceived risk.
Once an eviction case is filed, it becomes part of the public record. Even if the case doesn’t result in an eviction, the record of an eviction filing may still show up in certain tenant screening reports.
California has enacted AB 2819 to protect tenants in certain cases, especially those who resolve issues before a judgment. This law restricts access to eviction records from public view if the tenant prevails or if the landlord does not win a judgment within 60 days. However, for cases where the judgment is ruled against the tenant, the eviction remains in the public record.
The eviction process can be highly stressful, involving legal battles, uncertainty, and potential displacement. The pressure can cause significant emotional and mental health challenges for tenants, leading to anxiety, depression, and other related health issues.
Forced relocation can disrupt family stability, education, and employment, adding further stress.
In many cases, tenants undergoing eviction may lose some or all of their security deposits, particularly if the landlord claims damages or unpaid rent.
If the court orders the tenant to pay back rent, damages, or fees, they could face wage garnishment or other collections processes, causing further financial strain.
While an eviction record doesn’t directly impact employment, certain employers may review an applicant’s credit report as part of the hiring process, especially for roles that require financial responsibility. An eviction-related judgment could potentially influence an employer’s decision in some cases.
For tenants who rely on subsidized housing (like Section 8 vouchers), an eviction can lead to the termination of benefits and can make it difficult to qualify for similar assistance in the future.
Housing authorities have strict guidelines, and an eviction can disqualify tenants from receiving rental assistance, limiting their options for affordable housing.
California has implemented several tenant protections to help reduce the impact of evictions. These include:
Just Cause Eviction Protections: California's Tenant Protection Act (AB 1482) mandates "just cause" for eviction in many cases, limiting arbitrary evictions and helping tenants remain in their homes.
AB 3088 and COVID-19 Protections: During the COVID-19 pandemic, temporary eviction protections were implemented to shield tenants who faced financial hardships due to the pandemic. These protections limited the eviction process in specific cases of non-payment related to COVID-19 and established procedures for repaying overdue rent.
Tenants in California who are facing eviction should consider speaking with a tenant rights attorney or seeking assistance from local housing organizations.
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Self-Help>Eviction & Housing>Eviction
In California, a landlord may be able to evict a tenant if the tenant:
Fails to pay the rent on time;
Breaks the lease or rental agreement and will not fix the problem (like keeping your cat when pets are not allowed);
Damages the property bringing down the value (commits "waste");
Becomes a serious nuisance by disturbing other tenants and neighbors even after being asked to stop; or
Uses the property to do something illegal.
In most cities, the landlord can also evict the tenant:
If the tenant stays after the lease is up,* or
If the landlord cancels the rental agreement by giving proper notice.*
*If your city has rent control, these 2 reasons may not be good enough to evict a tenant. Contact your local city or county government office to find out if you live in a rent-controlled area. Or talk to your self-help center, or a lawyer for help.
A landlord cannot evict a tenant for an illegal reason like discrimination or to get back at the tenant for taking action against the landlord, like filing a complaint because the property’s heating system is broken.
Find information on eviction for:
For legal help with an eviction case:
Use LawhelpCalifornia: Housing to find a legal aid program in your county as well as other free or low-cost resources in your area.
Find help from your court.
Read about Mediation & Settlement for information about resolving your case out of court.
Find information about sexual harassment in housing.
Landlords must make sure:
The outside walls, windows, and doors protect tenants against water or weather.
The plumbing and gas fittings work properly.*
There is hot and cold running water, appropriate fixtures, an approved sewage system, and the water supply is not contaminated.*
There is a working heater.
There is adequate lighting and electrical wiring that meets safety standards.*
The premises and common areas must be clean and free from pests.
There are adequate garbage containers.
The floors, stairways and railings are not broken.
*The landlord must meet the standards in effect when installed as well as current building and house code standards. For more information, read California Civil Code section 1941.
The landlord must also promptly repair problems related to the habitability items listed above. If the tenant gives notice of a problem and the landlord fails to fix it, the tenant may be able to pay for the repair and deduct the cost from the rent. This only applies if the cost is not more than 1 month’s rent. Read Civil Code section 1942.
The landlord must give reasonable notice to the tenant before gaining entrance to the rental unit, unless there is an emergency that requires immediate entry (such as fixing a broken pipe).
There are other responsibilities that landlords have, and you can read about them in the materials from the California Department of Consumer Affairs.