Legal Question in Real Estate Law in California

can a person who is under psychiatric care be evicted from his apartment even if he has paid his rent?


Asked on 9/29/12, 9:03 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Being under psychiatric care is seldom, if ever, a defense to an otherwise legitimate, by-the-book eviction.........and yes, people are evicted for many reasons other than failure to pay the rent. The saying often used by attorneys is that a tenant can be evicted for a good reason, or for no reason at all, but not for a bad reason. "Bad reasons" would include discrimination based on race, religion, age and other protected categories, but mental health problems are not considered one of the things that makes one a protected class of tenant. Also, I'd sat that "no reason at all" only works with month-to-month or other periodic tenancies, or at the end of the period in a lease for a definite term. Perhaps my answer would change with more facts, but in general mental health is not a defense to an otherwise legitimate eviction.

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Answered on 9/30/12, 9:20 am


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