As an attorneys who have spent years defending tenants across California, we understand how overwhelming the threat of eviction can be. Whether you’re facing an unlawful detainer lawsuit due to nonpayment of rent, alleged lease violations, or the expiration of a tenancy, it’s critical to know that you have rights, and there are strategic defenses that can protect your home and your future.
The first step in any eviction defense is a detailed review of the unlawful detainer complaint, the notice served by the landlord (e.g., 3-Day Notice to Pay Rent or Quit, 30/60-Day Notice to Terminate, etc.), and the lease agreement. We look for technical deficiencies or violations of California Civil Code or local ordinances. Even minor errors in the notice or service process can be grounds for dismissal.
California is a patchwork of local rent control and tenant protection ordinances—from Los Angeles to Oakland to San Francisco. We carefully determine whether the property is subject to local rent stabilization laws or the California Tenant Protection Act of 2019 (AB 1482), which can restrict the landlord’s ability to evict without “just cause.”
We assert affirmative defenses based on the specific facts of your situation. Common defenses include:
Improper Notice (wrong type, incorrect amount of time, or not served properly)
Retaliation or Discrimination
Breach of the Warranty of Habitability (e.g., substandard living conditions)
Waiver or Estoppel (landlord accepted rent after notice was served)
No Just Cause under applicable rent control laws
Procedural Defects in the eviction filing
In California, tenants typically have 5 court days from service of the summons to file a written response. We use this short window to file a comprehensive Answer or Demurrer, and in some cases, a Motion to Quash based on defective service.
Eviction trials move fast—often within 20 days. We slow things down through discovery tools such as written interrogatories, document requests, and depositions. This gives us leverage and allows time to uncover evidence in your favor or reach a favorable settlement.
Not every case goes to trial. Many landlords are willing to negotiate. We often secure settlements that include:
Waiver of back rent
Extended move-out periods
Positive references
“Cash for keys” payouts
Negotiation is especially powerful when the landlord’s case has weaknesses, and we make sure to maximize your advantage.
If your landlord changes the locks, shuts off utilities, or tries to force you out without a court order, it is illegal. We file civil lawsuits for wrongful eviction, harassment, and damages, and may seek injunctions or restraining orders to protect your rights.
