Can a tenant prevent a pending California eviction?

On Behalf of | May 16, 2023 | Real Estate

Eviction is a lengthy and expensive process for landlords that they often pursue because they want to regain control over a unit and end their relationship with a specific tenant. For tenants, eviction can lead to financial uncertainty and difficulty securing a good rental space again in the future.

It can seem very unfair to have housing suddenly ripped away with minimal notice in a way that leaves someone scrambling for alternatives and worried about the loss of their possessions or the safety of their family. Is it possible for tenants to fight back against eviction when their landlord has already begun the process?

Catching up on rent can sometimes solve the matter

One of the most common reasons that landlords initiate eviction proceedings is past-due rent. Tenants who resolve their financial issues and are able to catch up on their missed payments could potentially end the eviction process. In some cases, negotiating a payment plan with a landlord could allow someone to stay in a rental home even if they cannot make a single, lump-sum payment to cover all of their past-due rent at one time.

Fighting back in court is also an option

Those facing eviction and unable to negotiate with their landlords may need to prepare to defend themselves in California civil court. The history of interactions with the landlord and the terms of the lease that they signed will play a major role in what happens in their case.

Perhaps the landlord failed to follow appropriate procedures, such as providing advance notice of the eviction. Maybe they want to evict someone for withholding rent, but the funds for rent have been in an escrow account in an attempt to force repairs to the unit. Some tenants can prove they didn’t violate the lease or damage the property as their landlord claims they did.

There are many circumstances wherein a tenant can possibly defend against an eviction attempt and retain their right to access certain property. The exact reason for the landlord’s eviction notice and the nuances of any given situation will have a major impact on a tenant’s best options for responding to an eviction notice. Seeking legal guidance to explore every option can help those in an eviction-related conflict reach the best possible conclusion under the circumstances.