Tenant Rights On Eviction in California and Texas

Eviction can be a sticky process. People often find themselves in the process of eviction with little or nothing to go on. A landlord has a legal precedent which must be followed in order to proceed with any sort of eviction. Unfortunately, many tenants and residents don’t know the laws and statutes associated with the eviction process, and may find themselves feeling they have to take to the streets rather than fight for their rights during an eviction. If you are being evicted, and your rights have been violated one option is to file a complaint with the Rental Protection Agency to help mediate the issues between you and your landlord.

As a tenant, you should always sign a lease agreement

This is a way for you to protect yourself from a landlord failing to meet his or her requirements to maintain your home within reason. It also safeguards you from property disputes.

Verbal agreements have, on hundreds of occasions, led to a tenant being unlawfully evicted from a residence. For example, say you have a good friend who has property and is letting you stay there. You and your friend get into an argument, and your friend decides you cannot live at the residence anymore. Very frequently, the wrong steps are taken to remove your property from the premises, and not only are you unlawfully evicted from your home, but you may lose a lot of your personal property in the process.


Even if a friend is letting you stay in a home or apartment without a lease agreement, there are certain steps which MUST be followed in order to proceed with a legal eviction, and legitimate reasons for eviction are quite complicated.

Legally, a friend cannot make you move out because you got into a fight–that is not grounds for a legal eviction. They may also not remove any of your items from the premises, change the locks, cut off utilities, or do anything to hinder your quality of living.

The process of eviction is very specific

First, you must be served a three day demand for compliance or possession. This three day notice does not necessarily need to be hand delivered to you. In many cases, landlords will tape the three day notice on all four corners to your main entrance so that it cannot be missed. From the day the three day demand is served, you have 72 hours to respond. If you do not respond, your landlord can then proceed with filing a complaint with the court, where an eviction summons may be issued. The eviction summons is then delivered via the sheriff or process server, at which point you have five days to respond. If you fail to respond, the court clerk will then issue a motion for default, giving the tenant another five days to respond.

With that being said, if any of these steps are skipped, you have the right to stop the eviction process and file a complaint. Landlords often will take advantage of the fact that renters don’t know the law, and may begin an unlawful eviction. If this is the case, it is imperative that you fight for your rights as a tenant, and you may even be eligible for financial compensation for your expenses and inconvenience.