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The Ellis Act (California Government Code Chapter 12.75) [1] is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue providing rental housing.
If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property. A landlord cannot legally evict a tenant without obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict a tenant from the property.
Under The Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, a covered person is a tenant that has given their landlord the legal right to evict them, but has declared, under penalty of perjury, that: available housing assistance has been pursued; homeless status is likely after the eviction; the tenant is making ...
In the case Imperial Colliery Co. v. Fout, [8] the West Virginia Supreme Court reaffirmed that retaliatory eviction was a valid defense against eviction, but added the condition that the retaliation must be against a tenant's exercise of a right incidental to their tenancy. Therefore, a defense of retaliatory eviction did not exist for a tenant ...
A tenant can use retaliatory eviction as both an affirmative defense against an eviction and as a cause of action against a landlord. The defense of retaliatory eviction was first recognized in the D.C. Circuit case Edwards v. Habib. In California, retaliatory eviction is considered an affirmative defense and can be used to defend a case.
The California appellate projects are 501(c)(3) [1] non-profit legal corporations under a contract with the California Court of Appeal [2] to provide legal services to indigent parties on appeal from criminal, delinquency, dependency and mental health judgments in their respective district. There are five appellate project corporations, of ...