Legal Question in Real Estate Law in California

Re: Eviction if ill?

In general, there are two possible but not likely very useful ways in which disability might be part of a defense to eviction. The first is if the eviction is discriminatory and violates the Unruh fair housing law or similar federal law. You did not state any facts suggesting that the management is discriminating against you, however. The other possibility is that a tenant can sometimes maintain a hardship defense to an eviction suit that would terminate an existing term lease, on the ground that the resulting forfeiture (of the balance of the lease) is against public policy. This won't work unless you have a term lease with significant unexpired time, i.e. you are not a month-to-month tenant. There is probably also a requirement that the notices served on you specify that the landlord is seeking a forfeiture of the remaining term of your lease.

There may be other possibilities under local housing or rent control laws, or under rules applicable specially to your complex.

The best way to avoid eviction now is probably to negotiate with the management. You stated that you have been late in the past, therefore the landlord may consider you a poor credit risk. You might consider increasing your security deposit voluntarily, or setting up some other arrangement such as automatic transfers to the landlord's account that would increase the level of comfort that you won't be late in the future. Unfortunately, repeated late payment of rent is a proper ground for an unlawful detainer action and hardship based upon illness or disability is not a universal defense by any means.