Real Property Law
Cal. Real. Prop. Journal 2015, Vol. 33, No. 2
- 2014-2015 Executive Committee of the Real Property Law Section
- California Real Property Journal Editorial Staff
- MCLE Self-Study Article: Co-Tenancy Breaches and Remedies: Drafting Guidance For Landlords and Tenants After Grand Prospect Partners
- No More Kids! How Overcrowded Schools May Lead to Violations of Fair Housing Laws
- Reader Alert: New Fcc Rules Affect New and Existing Cell Site Leases
- Real Property Law Section Subsection Chairs and Standing Committee Chairs 2014-2015
- Table of Contents
- The "Widows & Orphans" Problem: the Improper Exclusion of Successors-in-Interest from the Loss Mitigation Process
- Reconsidering Wrongful Eviction After Anti-Slapp
Reconsidering Wrongful Eviction After Anti-SLAPP
By Kavita Sharma
©2015 All Rights Reserved.
Since the mid-nineteenth century, California has recognized the tort of wrongful eviction. Earlier cases focused on the landlord’s physical acts that prevented tenants from entry into the premises (e.g., lock-out or a barrier).1 The landlord could not use "self-help" as a means to remove the tenant who breached his or her lease. Instead, the landlord was obligated to file a lawsuit and obtain a judgment and writ for possession of the premises.2 If the landlord failed to go through legal channels, the tenant would have claims for wrongful eviction, forcible entry and detainer, trespass, and tortious interference with peaceful possession.