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Retaliatory eviction was first recognized as a cause of action in the California case Aweeka v. Bonds. [9] The case recognized the inequity of forcing the tenant to wait until they were confronted with an unlawful detainer action to bring up retaliatory eviction as a defense. [10]
The Transitional Housing Participant Misconduct Act (THPMA) gives the right to THP to circumvent the lengthier unlawful detainer process to legally remove a participant from a transitional housing program. Transitional housing operator is allowed to file restraining order which requires to stop the abuse or forbidding the misconduct.
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.
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
Each registry automatically receives a notification from various metropolitan housing courts whenever any tenant is sued by a landlord. In areas without housing courts, lists of named defendants in unlawful detainer suits will be compiled from court records.
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
A very significant change to the Civil Code occurred in June 1992 when nearly all of the Civil Code's provisions relating to marriage, community property, and other family law matters were removed from the Civil Code (at the suggestion of the California Law Revision Commission) and re-enacted in the form of a new Family Code. The California ...