The California Code of Civil Procedure, Chapter 4, Section 1161.3 states that a landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.
Tenant Defense Against Eviction
In an unlawful detainer action, a tenant or occupant may raise, as an affirmative defense, that the landlord violated this section. It is a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section in an unlawful detainer action if the landlord did both of the following:
- Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action.
- Included in the unlawful detainer action a claim based on one of the following:
- The failure at any time of a previously approved tenant or occupant to provide a valid social security number.
- The failure at any time of a previously approved tenant or occupant to provide information required to obtain a consumer credit report under Section 1785.11 of the Civil Code.
- The failure at any time of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord.
Identification for Federal Program or Court Order
This section does not create a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section if a landlord has requested the a form of identification for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or any other federal law, or a subpoena, warrant, or other order issued by a court.
Note: For purposes of this section, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.
Added by Stats. 2017, Ch. 489, Sec. 8. (AB 291) Effective January 1, 2018.
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California Landlord Reasons for Eviction of Tenant | American Landlord
The California Code of Civil Procedure, Chapter 4, Section 1161 defines the reasons why a landlord may evict a tenant including holding over, lease violations, nonpayment of rent, and being a nuisance or destroying the property. Video includes eviction notice to cure or quit time frame requirements.
View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-landlord-reasons-for-eviction-of-tenant/ -
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View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-landlord-delivery-options-for-tenant-eviction-notices/ -
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View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-landlord-may-not-evict-victims-of-domestic-violence/