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.