Can A Landlord Evict A Disabled Person in California?

When it comes to understanding tenant laws, landlords and tenants alike need to be well-informed, especially in a complex state like California. The golden state has some of the most comprehensive and protective laws aimed at preserving tenants’ rights, with special attention to different categories of tenants, including the disabled. This article discusses whether a landlord can evict a disabled person in California and the intricacies surrounding it. 

“Knowing your rights and responsibilities as either a landlord or a tenant is integral to maintaining a fair, balanced, and amicable relationship with your counterpart. More so, when it involves a disabled individual as extra layers of legal protections apply.”

A Peek into the Article 

• What are the eviction laws in California?
• What are the rights of disabled tenants in California?
• Are there any specific protections for disabled tenants in eviction cases?
• What criteria must be met for a landlord to legally evict a tenant in California?
• Are there any exceptions or exemptions for disabled tenants in eviction cases?

Informative, comprehensive, and designed with care, this article aims to arm you with the knowledge you need to navigate this complex landscape with confidence. Whether you’re a landlord or a tenant, it seeks to provide a balanced view of the subject matter and strives to be a helpful resource in your pursuit of fair housing. 

What are the eviction laws in California?

Let’s journey a bit further into California’s eviction laws. Primarily, the eviction process in California is controlled by state law, but local ordinances may also apply. Landlords may evict tenants for a variety of reasons such as nonpayment of rent, lease violation, or for conducting illegal activities on the property. But remember, every eviction process must start with a notice to the tenant. 

You may be wondering, “What types of notices are there?” Well, California landlords typically use the following notices: 

1. A three-day notice to pay rent or quit if the tenant is late with the rent.
2. A three-day notice to perform covenants or quit if the tenant violates any term of the rental agreement.
3. A three-day notice to quit if the tenant has created or is maintaining a nuisance.
4. A thirty-day or sixty-day notice to quit if the landlord wants to permanently remove the tenant from the property, given certain conditions.

Note: The three-day notice period implies working days and does not include weekends or legal holidays. 

Once the notice period expires and the tenant does not rectify the issue or voluntarily leaves, the landlord may file an unlawful detainer lawsuit. This is not an overnight process and usually takes at least a few weeks, sometimes months. 

“It’s important to stress that self-help eviction measures, such as changing the locks or shutting off utilities, are illegal in California. Landlords must follow the legal process to evict tenants.”

If the court rules in favor of the landlord, they receive a ‘writ of possession’ from the court. This is the final step in the legal eviction process and allows the landlord to request the sheriff to forcibly remove the tenant from the property if they do not leave voluntarily. 

In contrast, if the court rules in favor of the tenant, the eviction proceedings stop, and the tenant may stay. Additionally, the tenant may be awarded damages for court or attorney’s fees.

What are the rights of disabled tenants in California?

As a disabled tenant in California, you have extensive rights and protections. It’s important to understand these to ensure that you are not being exploited, and that your unique needs are being adequately met. So, let’s dive in. 

• Fair Housing Act: Under this federal law, landlords cannot discriminate against you because of your disability. The Fair Housing Act not only prohibits discrimination but also requires landlords to make reasonable accommodations for tenants with disabilities. This may include modifications to rental policies or units if necessary.
• California Fair Employment and Housing Act: This act further reinforces your rights and protections. It obliges your landlord to make reasonable modifications to your dwelling or common use areas at their own expense if necessary for you to use and enjoy the property fully.
• Section 504: If your housing is federally funded, the Section 504 of the Rehabilitation Act of 1973 stipulates that housing providers may not discriminate against you because of your disability under any circumstances.

Now, the question is, what counts as a “reasonable accommodation”? By definition, it’s an alteration to a policy, program, or environment allowing a person with a disability to enjoy equal opportunity as everyone else. But it’s all dependent on individual circumstances. Put simply, reasonable accommodations may vary from person to person. 

The Process of Seeking Accommodation 

To request a reasonable accommodation, you need to let your landlord know about your disability and explain why the requested accommodation is necessary because of your disability. The landlord may request further verification from a physician or other qualified medical professional if your disability is not visible. 

You ought to remember, the accommodation requested should be related to the disability at hand.

Are there any specific protections for disabled tenants in eviction cases?

In California, there are indeed specific protections for disabled tenants when it comes to eviction cases. These additional protections are established to provide a stronger safety net, ensuring that disabled persons aren’t unfairly targeted or disproportionately affected by eviction proceedings. 

Reasonable Accommodation: First and foremost, landlords are obligated by law to provide what’s known as “reasonable accommodation” for tenants with disabilities. This essentially means that if a tenant’s disability-related behavior or circumstances are the cause behind the eviction, the landlord is required to consider reasonable accommodations that could potentially rectify the situation first before moving ahead with an eviction. 

• Fair Housing Amendments Act (FHAA): This act ensures that landlords cannot refuse to make reasonable accommodations in rules, policies, practices, or services when necessary to provide a disabled person equal opportunity to use and enjoy a dwelling.
• Americans with Disabilities Act (ADA): ADA regulations require landlords to provide reasonable accommodation to enable an individual with a disability to receive equal benefits and services.
• California’s Fair Employment and Housing Act (FEHA): Under this state law, landlords have an obligation to provide reasonable accommodations that would ensure equal opportunity for disabled tenants to use and enjoy their housing.

Greater Notice Period: In some cases, disabled tenants are also allotted a greater notice period for eviction. While the specifics can vary based on local laws and the individual circumstances surrounding the eviction, this longer period provides tenants with additional time to find alternative housing or take necessary action to address the issue leading to potential eviction. 

Prohibition of Discrimination: Furthermore, it’s important to note that just like any other tenant, individuals with disabilities are protected from discrimination. This means that a landlord cannot attempt to evict a disabled tenant solely because of their disability, as doing so would constitute a blatant violation of both federal and state anti-discrimination laws. 

To sum it all up, yes, there are specific protections in place for disabled tenants facing eviction in California. Between mandatory reasonable accommodations, extended notice periods, and firm anti-discrimination laws, disabled tenants are provided with considerable protection beyond what is extended to the general population. 

What criteria must be met for a landlord to legally evict a tenant in California?

Under California law, a landlord can legally evict a tenant under several circumstances. However, it’s crucial to note that these evictions should be based on valid and legitimate grounds, not discriminatory intentions. Further, landlords must strictly follow the state’s legal procedure for eviction. 

1. Failure to pay rent: This is the most common factor leading to eviction. In California, a landlord can serve a tenant with a three-day notice for non-payment of rent. If the tenant does not pay or vacate the premises within these three days, the landlord has the right to proceed with an eviction lawsuit.
2. Violation of lease or rental agreement terms: Another reason a landlord might initiate eviction is if a tenant parks against the lease’s designated parking terms, keeps an unauthorized pet, or otherwise violates the rental or lease agreements. A three-day notice to curtail such violations or removal is typically sent to the tenant before eviction proceedings begin.
3. Damage to the property: If a tenant is causing substantial damage to the property beyond normal wear and tear, a landlord is justified in issuing a three-day notice to repair or correct the damage or face eviction.
4. Use of the property for illegal activities: If the landlord can prove that a tenant is using the property for illegal purposes, they may be legally justified in serving a three-day notice to vacate.
5. Refusal to leave after lease has ended: If a tenant refuses to leave once their lease term has ended or once a legal notice to terminate the tenancy was served, eviction may be an option. In California, the notices can vary from 30 to 60 days depending on the length of residency.

In each of these instances, the landlord must give proper notice to the tenant and follow the state’s law process to evict. It is also important to remember that although these criteria for eviction are generally guided by state law, some cities and counties in California have their own rules and regulations.

The repeated point to note is that while landlords have the right to protect their property, they must not discriminate or violate the rights of disabled tenants in any way. No tenant, including those with disabilities, should be discriminated against on arbitrary or illegal grounds. Therefore, landlords must always ensure they send eviction notices or proceed with eviction lawsuits in compliance with all local, state, and federal laws. 

Are there any exceptions or exemptions for disabled tenants in eviction cases?

Yes, there are special considerations and accommodations made for disabled tenants in the event of possible eviction in California. It’s important for both landlords and tenants to understand these nuances to ensure fairness and legality in eviction protocols. 

The cardinal rule for landlords is they must avoid discrimination. Under the Fair Housing Act, it is illegal to evict a person because they’re disabled. The landlord must treat disabled individuals the same as non-disabled tenants. Therefore, just like any tenant, if a disabled person has violated a clause in the lease agreement or failed to pay rent, then they can be evicted. However, eviction must occur equally across all tenants- disabled or not- who committed similar violations. 

But, there’s a caveat for landlords when it concerns disabled tenants. A tenant’s disability can sometimes result in behavior that might violate a lease. In California, before a landlord takes steps to evict a disabled tenant for behavior related to that disability, the landlord must consider reasonable accommodations. For example, if the issue can be resolved by adjusting a rule, practice, policy, or service, the landlord is obliged to make that adjustment to allow the disabled individual to use and enjoy their home. 

• Example 1: Suppose a tenant has bipolar disorder, and because of a severe episode, they make excessive noise, disturbing other residents. In such cases, before evicting the tenant, the landlord could first try alternative solutions, maybe allowing the tenant to reside in a quieter, more isolated area of the building.
• Example 2: If a tenant has a physical disability that makes it difficult for them to dispose of garbage in the designated area, leading to concerns of cleanliness, the landlord could arrange a more suitable garbage disposal strategy for that tenant before resorting to eviction.

However, it should be pointed out that landlords are not expected to make accommodations that would cause significant difficulty or expense. And, as per California law, If the tenant poses a direct threat to health or safety or if the tenant’s behavior leads to substantial physical damage to the property, landlords are not required to provide reasonable accommodations. 

In a nutshell, yes, there are exceptions and exemptions for disabled tenants facing eviction in California, mostly encompassing reasonable accommodations. Tenants and landlords should be aware of these exceptions. But always remember, eviction can occur if it’s deemed reasonable and legal, regardless of disability status. If in doubt, it’s advisable to seek legal guidance to avoid contravention of the Fair Housing Act.

Conclusion

Understanding tenant rights, especially concerning individuals with disabilities, can be a complex endeavor. In conclusion, California law frequently seeks to deliver a fine balance between landlord’s rights and disabled tenant’s rights. However, the bottom line is clear: no landlord can discriminate against or evict a tenant solely based on their disability. 

That said, it’s crucial for tenants with disabilities to know the requirements and protections applied to them. Although the law prohibits landlords from directly evicting disabled persons, certain circumstances, such as lease violation or failure to pay rent, can lead to an eviction, regardless of a person’s disability status. 

To continue living peacefully and independently, tenants with disabilities must strive to meet the lease or rental agreement’s obligations, just like any other tenant. Moreover, it’s of paramount importance to request any needed reasonable accommodations promptly and respect the rights and properties of others within the living community. 

Meanwhile, landlords should be mindful of their responsibilities towards disabled tenants. This includes respecting their privacy, making reasonable accommodations and modifications, and avoiding any discriminatory practices.

Remember: 

• Resolving issues often benefits from open communication between landlords and tenants. If you’re unsure about your responsibilities or rights, consider seeking legal advice or consulting with advocacy groups.
• If a dispute leads to court, the courts will view each situation on a case-by-case basis, considering the specifics of the case, the type of disability, the requested accommodation, and the effect on the landlord’s business.

In sum, while disability status offers significant protection against eviction, it doesn’t make one immune. The balance between rights and responsibilities remains essential in ensuring fair and dignified treatment for all parties involved.

FAQs (Frequently Asked Questions)

Do landlords have to make reasonable accommodations for disabled tenants in California?

Yes, landlords are required by both state and federal laws to make reasonable accommodations for their disabled tenants. This can include making modifications to the living space or altering rules and policies to ensure equality of use and enjoyment.

Can landlords charge for reasonable accommodations?

In most cases, landlords cannot charge their disabled tenants for the cost of reasonable modifications. However, if these modifications will cause undue hardship to the landlord, they may be exempt from this requirement.

What is considered discrimination under the California Fair Housing Act?

Discrimination can take many forms, but in the context of housing, it generally means treating someone differently based on their disability status. This can include refusing to rent to a disabled person, placing higher charges on them, or evicting them unlawfully.

Are emotional support animals considered a reasonable accommodation?

Absolutely. In most cases, landlords are required to allow tenants to have Emotional Support Animals (ESAs) as a reasonable accommodation, even if they normally have a no-pet policy.

Can a landlord evict a tenant for disability-related behavior?

It’s a bit more complex. While landlords can evict tenants for disruptive behavior or for violating lease agreements, they cannot evict a tenant if the disruptive behavior is a result of a disability. Additionally, the landlord must make an attempt at accommodation before moving forward with eviction proceedings.

Can a disabled tenant be evict for non-payment of rent in California?

Yes, a landlord can evict a disabled person for failure to pay rent. However, the landlord must follow a specific legal procedure for eviction, and cannot simply force the tenant out without due process.

What amount of notice is required for eviction in California?

The amount of notice required can depend on the reason for the eviction. For non-payment of rent or lease violations, a three-day notice is typically required. For other reasons, a 30 or 60 day notice might be necessary. Disabled tenants are not exempt from these notice periods.

How can a disabled tenant avoid eviction in California?

It’s important to understand your rights and respond appropriately if you receive an eviction notice. Seeking legal advice can be very helpful. Considering requesting reasonable accommodations to help manage any issues related to your disability might be beneficial as well.

Are there organizations that help disabled tenants facing eviction?

Yes, several organizations provide legal assistance and other resources for disabled tenants facing eviction. These include Disability Rights California, Housing Equality Law Project, and Legal Aid at Work, among others.

Can landlords refuse to rent to someone because of a disability?

No, this is considered discrimination under the Fair Housing Act and the California Fair Housing Law. Landlords must provide equal access to housing for people of all abilities.