According to Diane L. Silva, an attorney at law in California, "The purpose of filing an eviction action, an "unlawful detainer," is to obtain possession of
premises. The landlord may also obtain a judgment for rent owed, court costs and attorney's fees (sometimes). The award of rent in
action is considered to be incidental to
primary purpose--the recovery of
premises."The process is difficult, and in order to clarify these things, Lane County Legal Aid Services put together
following list of common misunderstandings:
1. Common misunderstanding: The landlord can have
police throw you out or arrest you if you don't pay your rent or get out when
landlord tells you to.
Truth: You cannot be arrested or jailed for not paying rent. The police will remove a tenant from
rental unit only if a crime has been committed or if a judge (after an eviction hearing, or FED) has ordered
tenant to get out. Failure to pay rent or to get out when
landlord says so are not crimes.
2. Common misunderstanding: The landlord has to have a good reason in order to evict a tenant.
Truth: In a month to month tenancy -- which is what most tenants have;
alternative would be a tenancy for a specific period of time, such as one year --
landlord can evict you for no reason or even for a crummy, mistaken reason, so long as
reason is not illegal discrimination (race, religion, children, nationality, marital status) or illegal retaliation (complaints about lack of repairs, for example). In other words,
landlord can evict
tenant for such crummy reasons as
color of hair or for not smiling enough, or for mistakenly thinking that
tenant broke some rule or did something bad.
3. Common misunderstanding: If
tenant is pregnant or has young (or even any) children,
tenant cannot be evicted.
Truth: Being pregnant or having young children (or any children) does not prevent or delay an eviction.
4. Common misunderstanding: If there is a good reason why
tenant does not have
rent money,
tenant cannot be evicted for nonpayment of rent.
Truth: Inability to pay
rent is not a legal defense, unless
landlord caused
inability. Becoming disabled and unable to work, losing you job, losing your welfare check, or having your money stolen does not prevent or delay an eviction.