Legal Information: California

Housing Laws

February 16, 2022

What can I do if my landlord evicts me for calling the police?

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)

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