Why Landlords Lose Eviction Cases | Derrick Ruiz Real Estate Expert
Concept of justice, law and legal system

Why Landlords Keep Losing Legitimate Eviction Cases

One Paperwork Mistake Can Destroy Your Case

February 12, 2026
18 min read

By Derrick Ruiz

eXp Realty | 40+ Years LA Investment Property Experience

If You're a Landlord in Los Angeles, This May Shock You:

You can lose an eviction case — even if the tenant hasn't paid rent for months or years — simply because you made a technical paperwork mistake.

This is not rare. It happens every day in Los Angeles courts.

In today's regulatory climate, eviction cases are no longer decided solely on whether rent was paid or whether a lease was violated. Courts closely examine landlord compliance with city and state regulations. One overlooked detail can derail an otherwise valid case.

This page outlines the most common mistakes California landlords make — and how those mistakes can make eviction nearly impossible in Los Angeles.

The Big Picture: One Mistake and You Lose

California and Los Angeles eviction law has evolved into a highly technical system.

A tenant may owe significant back rent, violate house rules, damage property, or disturb other residents — yet still prevail in court if the landlord failed to comply with a statutory requirement.

In Los Angeles, compliance is everything.

Common Mistakes That Invalidate Evictions

1

Illegal Rent Increases

Under California's statewide rent control (AB 1482), annual increases are generally capped at 5% plus CPI (often around 8% total).

However, local jurisdictions — including the City of Los Angeles — impose stricter limits. In LA RSO properties, increases have recently been closer to 3%.

Common mistakes include:

  • Using the wrong percentage
  • Serving improper notice
  • Miscalculating mailing time
  • Failing to follow local rent freeze rules

An unlawful rent increase can invalidate a later eviction.

2

Misunderstanding Exempt Properties

Single-family homes, condos, and townhomes are often exempt from statewide rent control — but only if the lease includes specific required exemption language.

If that language is missing, the property may legally be treated as fully rent-controlled.

In California, if the exemption is not in writing, it does not exist.

Landlords routinely lose cases because one required sentence was omitted from the lease.

3

Failure to Comply with Los Angeles Registration Requirements

In the City of Los Angeles:

  • Rental units must be registered annually.
  • Registration certificates must be served on tenants.
  • Specific tenant-right notices must be posted and provided.
  • RSO properties require annual interest payments on security deposits.
  • Eviction notices must be uploaded to the LA Housing Department portal within strict deadlines.

Missing any of these steps can result in dismissal of an eviction case — regardless of tenant behavior.

4

Improper Entry Into the Unit

Landlords must provide 24-hour written notice before entering a rental unit (except in emergencies).

The notice must state:

  • Date
  • Approximate time
  • Reason for entry

Even well-intentioned entries for repairs can trigger harassment claims if notice requirements are not strictly followed.

5

Illegal Fees and Deposit Violations

California law prohibits:

  • Non-refundable deposits
  • Excessive or percentage-based late fees
  • Per-day penalty charges

Security deposits must be:

  • Returned or itemized within 21 days
  • Supported by receipts for deductions over $125
  • Accompanied by before-and-after photographs

Deposit violations are one of the most common sources of landlord liability.

6

Retaliation Claims

A landlord cannot attempt eviction in retaliation for a tenant exercising legal rights — including:

  • Requesting repairs
  • Reporting code violations
  • Contacting government agencies

Retaliation claims can bar eviction for up to six months.

7

Habitability Issues

Failure to respond promptly to repair requests exposes landlords to habitability claims.

Courts expect landlords to:

  • Respond quickly
  • Document all communications
  • Maintain repair records
  • Address water, mold, plumbing, and heating issues immediately

Even minor maintenance issues can be leveraged strategically in litigation.

Proactive response and documentation are critical.

8

Discrimination Violations

California Fair Housing laws prohibit discrimination based on protected characteristics — including source of income (Section 8 vouchers).

Advertising language, screening criteria, and application decisions must be handled carefully to avoid liability.

Violations can result in significant financial penalties.

9

Illegal Lockouts

Changing locks, shutting off utilities, removing doors, or using "self-help" tactics are strictly illegal.

Utility shutoffs alone can result in daily statutory penalties and major civil liability.

There are no shortcuts to eviction in California.

A Growing Risk: Fraudulent Applications

Another increasing concern is application fraud.

Some landlords are encountering tenants who:

  • Provide falsified pay stubs
  • Alter bank statements
  • Conceal prior litigation
  • Omit past eviction history

Complicating matters further, some eviction cases become sealed when tenants prevail, meaning prior cases may not appear in basic online searches.

Because of this, some landlords choose to go beyond standard screening tools and utilize professional background investigation services to thoroughly verify applicant information.

Important: Proper screening must always comply with federal and state laws, including the Fair Credit Reporting Act (FCRA) and fair housing regulations.

The Reality for Los Angeles Landlords

The burden of compliance rests almost entirely on landlords.

In today's environment, defensive management is essential:

  • Use compliant lease agreements
  • Maintain registration documentation
  • Track security deposit interest
  • Serve proper notices
  • Document repairs thoroughly
  • Avoid do-it-yourself eviction procedures
  • Consult experienced landlord-tenant counsel before serving notices

In Los Angeles, technical compliance often determines the outcome — not the underlying dispute.

If You Own Rental Property in LA

This information isn't optional. It's operational risk management.

I've been selling homes and investment property in Los Angeles for over 40 years. I work closely with landlords, investors, and attorneys and stay informed about regulatory changes affecting rental housing across the city and county.

If you have questions about:

  • Rent control
  • RSO compliance
  • Tenant screening strategies
  • Investment property sales
  • Attorney referrals

I'm happy to point you in the right direction.

Legal Disclaimer

The information provided on this website is for general informational and educational purposes only and does not constitute legal advice. Laws and regulations change frequently and vary by jurisdiction. Application of law depends on specific facts and circumstances. Readers should consult a qualified California attorney for advice regarding their individual property, tenancy, compliance obligations, and eviction procedures. No attorney-client relationship is formed by reading this content or contacting the author. All examples discussed are generalized and do not describe any specific identifiable individual or case.

Derrick Ruiz | eXp Realty
Investment Property Specialist | 40+ Years LA Experience