Can You Fight an Eviction in California If You Were Treated Unfairly by Your Landlord?

By Published On: May 13, 2026

Getting an eviction notice can feel overwhelming, especially if you believe your landlord has been treating you unfairly for a long time.

Maybe repair requests were ignored while other tenants received help. Maybe you were threatened after reporting problems. Maybe you feel like you were singled out because of a disability, your family situation, or another personal circumstance.

In California, eviction cases are not always just about unpaid rent or lease violations. In some situations, unfair or discriminatory treatment by a landlord may become part of a tenant’s legal defense.

Can Discrimination Affect an Eviction Case?

Yes. California and federal fair housing laws protect tenants from housing discrimination based on protected characteristics.

In some eviction cases, a tenant may be able to raise discrimination or unequal treatment as part of their defense.

Protected characteristics can include:

  • Disability
  • Race
  • National origin
  • Religion
  • Sex or gender
  • Familial status
  • Source of income
  • Other protected categories under California law

Every situation is different, but courts may consider whether a landlord’s actions were motivated by discrimination or retaliation.

What Might Unfair Treatment Look Like?

Unfair treatment is not always obvious. Sometimes it involves patterns of behavior that create unequal conditions for certain tenants.

Examples might include:

  • Refusing repairs for one tenant while responding quickly to others
  • Threatening eviction after a tenant requests accommodations for a disability
  • Treating families with children differently from other tenants
  • Harassing or intimidating tenants based on immigration status or background
  • Retaliating after code enforcement or safety complaints are made

In some cases, these issues may become legally relevant during an eviction proceeding.

What About Disability Accommodations?

California landlords are generally required to reasonably accommodate tenants with disabilities in certain situations.

That can include things like:

  • Allowing support animals when appropriate
  • Adjusting policies or procedures related to disabilities
  • Providing reasonable flexibility when legally required

If a landlord refuses a legally required accommodation and then attempts to evict the tenant, those facts may matter in the case.

Retaliation Is Also a Concern

Some tenants worry that speaking up will put a target on their back.

California law contains protections against landlord retaliation in certain situations, including when tenants report unsafe conditions or exercise legal rights related to housing.

That does not mean every eviction after a complaint is automatically illegal. But the timing and circumstances surrounding an eviction can sometimes matter.

Why Legal Advice Matters

Eviction proceedings move quickly, and tenants may not realize they have defenses available to them.

Whether a case involves discrimination, retaliation, disability accommodations, or other housing-related issues, getting legal guidance early can make a meaningful difference.

Sometimes the most important thing a tenant learns is that they may have rights they did not know existed.

Need Help?

Riverside Legal Aid provides free legal services to eligible Riverside County residents facing housing and other civil legal issues.

You can learn more about available services on our legal assistance page or attend one of our upcoming  workshops for additional information.

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Berenise Bermudez, Staff Attorney

Berenise Bermudez is a Staff Attorney at Riverside Legal Aid, where she focuses on housing eviction defense and probate matters. She assists tenants at all stages of unlawful detainer proceedings, including legal consultation, case evaluation, discovery, negotiation, and trial advocacy.

In her probate work, Berenise assists with Probate Walk-In Clinics held at the Riverside Superior Court, where she helps community members navigate conservatorship and guardianship matters and access the court system with greater confidence.

Berenise has been with Riverside Legal Aid for a little over a year and is committed to advocating for individuals who might otherwise lack access to legal representation during critical and vulnerable moments.

Outside of her legal practice, Berenise enjoys spending time with her family and is actively involved in her local community and church.

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