When can a housing provider legally evict a tenant who is not paying rent?
First of all, only a judge can evict a tenant. No housing provider or housing manager can evict a tenant without going to court. If the problem is as basic as a failure to pay rent, then the housing provider must give the tenant a 3-Day Notice to Pay or Quit. If the tenant fails to pay or leave, then the housing provider may file a “summons and complaint” with the court. In this situation, it is highly unlikely that a court will find illegal discrimination as the housing provider has an important and legitimate reason for the eviction. Many judges will not even allow a discrimination defense. However, if that housing provider has been known to negotiate with other tenants in similar circumstances, then the state or federal enforcement agencies may investigate a possible discriminatory practice. In California, a housing provider need only provide a 30-Day Notice of Termination in order to begin the eviction process. The housing provider does not ordinarily have to provide any reason or
Related Questions
- Does the use of the Insurent® Lease Guaranty mean that I cannot evict the tenant if he or she stops paying rent or breaches other provisions of their lease?
- Can a housing provider evict a tenant who has filed a fair housing complaint and is now delinquent on rent?
- Can a housing provider give a resident paying market rent an accessible unit with RGI?
