Can a victim of domestic abuse be evicted from their home?

In California, a victim of domestic abuse may be evicted from their home, depending on the circumstances. California Civil Code Section 1946.7 prohibits a landlord from evicting a tenant in retaliation for the tenant having reported domestic violence in their home. However, if the tenant’s behavior poses a threat to other tenants or is in violation of a lease agreement, then the landlord may file an eviction notice. If the landlord attempts to evict a tenant due to an act of domestic violence that occurred in the home, the tenant may file an unlawful detainer action, which is a legal procedure to protect the tenant from eviction. In this case, the tenant can present evidence that the landlord is attempting to evict them due to the domestic violence incident. If the tenant is successful, the court can issue a restraining order that will prevent the landlord from evicting the tenant. It is important to remember that in addition to seeking legal protection, domestic violence victims should seek help from a local domestic violence shelter or a domestic abuse counselor. These organizations can help victims find safe housing and provide support and information about the legal process.

Related FAQs

What is the process of filing a restraining order?
What is domestic abuse?
What are the types of domestic abuse?
What steps should a victim of domestic abuse take to ensure their safety?
Are there any laws that require employers to provide accommodations for victims of domestic abuse?
What are the rights of victims of domestic abuse in the criminal justice system?
What are the legal rights of grandparents in cases of domestic abuse?
Is it possible to get an emergency restraining order?
Can victims of domestic abuse get financial compensation from their abuser?
What is the difference between a restraining order and an order of protection?

Related Blog Posts

Understanding Domestic Abuse Law: What Every Victim Should Know - July 31, 2023
How to File a Domestic Abuse Lawsuit: A Step-by-Step Guide - August 7, 2023
Domestic Abuse Laws: Are They Effective in Protecting Victims? - August 14, 2023
What Is the Punishment for Domestic Abuse Crimes? - August 21, 2023
The Different Types of Domestic Abuse Charges - August 28, 2023