Common Defenses to Eviction

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One of the most common and powerful eviction defenses in California is claiming that the eviction notice was defective. Courts strictly enforce notice requirements.

A notice can be defective if it:

• states the wrong rent amount,
• gives the wrong number of days,
• fails to state required language,
• demands unlawful fees,
• is confusing or ambiguous

If the notice is defective, the entire eviction must be dismissed, and the landlord has to start over.

All California eviction notices and court papers must be served correctly. If service is improper, the tenant can argue:

• they never received the notice,
• it was not served in a legal manner,
• the proof of service is incorrect.

Faulty service is one of the most successful procedural defenses in eviction cases.

If the landlord failed to fix major issues such as:

• lack of heat,
• plumbing leaks,
• mold,
• pest infestations,
• unsafe electrical systems,

the tenant may have a habitability defense.

Habitability issues can:

• reduce rent owed,
• justify rent withholding,
• offset alleged unpaid rent,
• potentially dismiss the eviction.

Many tenants are sued for nonpayment even though they:

• paid the rent,
• paid part of the rent,
• attempted to pay but were refused.

Bank records, Venmo payments, cashier’s checks, or text messages can support this defense.

California law protects tenants from eviction motivated by retaliation. Retaliation may include:

• complaining about repairs,
• reporting code violations,
• exercising legal rights,
• joining a tenant union.

If an eviction is filed within six months of a protected activity, retaliation is presumed.

A tenant cannot be evicted because of:

• race,
• disability,
• family status,
• national origin,
• religion,
• sexual orientation,
• other protected categories.

If discrimination is involved, the eviction may be barred under federal and state fair housing laws.

Accepting rent after notice often waives the landlord’s right to evict. Courts treat acceptance of rent as reinstating the tenancy unless the landlord uses proper statutory language.

A 3-Day Notice demanding even one dollar more than lawfully owed is defective. Common errors include:

• charging late fees,
• including utilities not authorized by the lease,
• demanding time-barred rent,
• miscalculating Section 8 portions.

Any incorrect demand invalidates the notice.

In many California cities—including Los Angeles, Santa Monica, West Hollywood, Berkeley, and San Francisco—local rent control ordinances add strict requirements.

Tenants may have defenses based on:

• lack of just cause,
• improper rent increases,
• failure to register units,
• prohibited no-fault eviction grounds.

A landlord's failure to comply with local rules can derail an eviction entirely.

If the landlord files an unlawful detainer complaint before the notice expires, the case is premature and must be dismissed. Courts have no jurisdiction if the notice period was not fully completed.