California, with its booming economy and diverse job opportunities, attracts workers from all corners of the globe. However, the journey isn’t always smooth. Beyond the professional challenges, workers often face hurdles in securing stable housing. One particularly distressing issue is “unlawful detainer”, the legal eviction process. For employees, especially those new to California law, understanding this process is key.
This blog aims to provide an informative guide on unlawful detainer in California, explain employee benefits, and what they can do when facing labor violations.
What is an Unlawful Detainer?
This term refers to the legal process by which a landlord seeks to evict a tenant from a rental property. The process becomes particularly complex when the tenant’s housing is provided as part of their employment package.
For instance, agricultural workers, live-in caregivers, and on-site managers often face this issue, where job loss can lead directly to housing loss.
When housing is tied to employment, workers face unique vulnerabilities. Common causes include:
- Retaliation for raising concerns about unsafe conditions
- Unpaid wages
- Wrongful termination
- Discrimination based on protected characteristics
- Labor disputes
Workers have rights and protections under California law, and understanding them can prevent unjust evictions to ensure your housing security.
A Worker Real-Life Story
To understand the challenges and rights of employees facing this labor and housing violation, let’s get to know Maria’s story.
Maria moved to California from the Philippines after securing a job as a nurse at a renowned hospital. As part of her employment package, she was provided with housing close to her workplace.
Maria diligently performed her duties and followed all lease terms. However, she soon noticed that her employer did not pay her overtime wages in compliance with California’s wage and hours laws.
Concerned about these violations, Maria approached her employer to discuss the issue, but the problem was ignored. Later, she filed a formal complaint with the California Labor Commissioner’s Office.
In retaliation for her complaints, Maria’s employer began pressuring her to drop the case. When she refused, they gave her a 3-day notice to quit, alleging that she had violated the lease agreement. This was followed by an unlawful detainer lawsuit aimed at evicting her employer-provided housing.
Maria contacted a California employment attorney. With the support, she learned that she had the right to present her case in court, and her employment lawyers helped to prepare a response. Maria presented evidence and the judge found it in her favor, ruling that the eviction was retaliatory and therefore illegal.
As a favorable outcome, Maria stayed in her apartment, and her employer was ordered to pay her the unpaid overtime wages and warned against further retaliation.
Understand Your Rights as a Worker
An unlawful detainer action cannot be initiated against a former employee whose right to occupy housing was tied to their employment. This means that the right to remain in the housing continues even after the employment relationship has ended, whether the termination was due to wrongful dismissal or retaliation.
California’s Civil Code § 1946.2(b)(1)(J) and Code of Civil Procedure § 1161(1) explicitly exempt former employees from unlawful detainer and is designed to safeguard employees’ housing rights and prevent any undue pressure to maintain their job solely to avoid eviction.
Legal Representation: You have the right to legal representation. An experienced attorney can provide valuable guidance and support.
Right to Respond: Once an unlawful detainer lawsuit is filed, you have the right to respond. You typically have five days to file a written response with the court, which is critical to avoid a default judgment in favor of the landlord.
Court Hearing: You are entitled to a court hearing where you can present your case. This is your opportunity to explain any defenses or counterclaims you might have, such as the landlord’s failure to maintain the property or illegal retaliation.
Conclusion
Facing an unlawful detainer can be intimidating, but you are not alone!
By staying informed and seeking help, you can protect your rights and thrive in your new home and workplace.
At Labor Law Advocates we are dedicated to protecting employment rights and can fight against illegal labor practices to ensure your labor rights are protected. Don’t hesitate to reach out to us.
