Holding Landlords Accountable: Malicious Prosecution in Unlawful Detainer Actions

Landlords sometimes file frivolous unlawful detainer (baseless evictions, harassment, and retaliation) lawsuits to harass tenants or force them out without cause. This can amount to malicious prosecution, a serious abuse of the legal system. If you’ve been targeted by a baseless eviction suit, you may have grounds to countersue for damages. Understanding malicious prosecution in this context can empower you to fight back. Here’s an overview of this issue and your options.

What Is Malicious Prosecution in Evictions?

Malicious prosecution occurs when a landlord initiates an unlawful detainer action without probable cause and with malice—often to intimidate or retaliate. Examples include:

• Frivolous Filings: Suing for eviction knowing the claims (e.g., non-payment) are false or unsubstantiated.
• Harassment Tactics: Repeated baseless eviction suits to wear down tenants, especially those asserting rights like repairs.
• Retaliation: Filing after a tenant reports code violations or discrimination.
• No Legal Basis: Actions dismissed for lack of evidence, showing the suit was unwarranted.

This overlaps with wrongful eviction and can violate tenant protection laws. California has specific protections against frivolous filings and harassing or retaliatory actions by landlords (CA Civil Code 1940.2)

The Harm to Tenants

Frivolous suits can lead to court fees, lost work time, stress, and eviction records that hinder future housing—even if you win.

Steps to Pursue a Malicious Prosecution Claim

1. Win the Original Case: The unlawful baseless eviction must end in your favor (e.g., dismissed or judgment for you).
2. Gather Evidence: Collect court records, communications showing malice, and proof of no probable cause.
3. Document Damages: Track expenses like legal fees, emotional distress, or lost wages.
4. File a Lawsuit: Sue the landlord for malicious prosecution, seeking compensatory and punitive damages.
5. Hire an Attorney: A tenant rights lawyer can prove malice, handle discovery, and maximize your recovery.

Potential Remedies

You may recover attorney fees, court costs, emotional distress damages, and punitive awards to deter future abuse.

Stand Up Against Abusive Landlords

Malicious prosecution through frivolous or baseless evictions is an unlawful tactic that deserves accountability. If you’ve been victimized, our experienced team can help you countersue. Contact us today for a free consultation to protect your rights and seek justice.