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.
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