Legal Question in Landlord & Tenant Law in California

Retaliatory Eviction

9/6/05, Notice of Repairs needed

9/8/05, Eviction Threat from Landlord on answering machine.

9/28/05, 30 Day Notice of Termination'', LL wants to sell, needs to make the property marketable.

10/12/05, LL offered to provide materials so I can make repairs or I buy property for $70,000, 10% down. LL carries note, no need for Inspector, property is legal and in good condition.

No materials or repairs to this day

I've complaint numerous times since then only to be ignored.

12/15/07, LL wants rent. Ren is paid in advance (Bal: $2695)

1/04, 1/14 and 1/18/08, LL wants rent and a copy of my records. I refused, rent is paid in advance

1/20/08, 3 Day Notice to Pay or Quit, Notice of Rent Increase eff 3/20/08. Rent still current

2/6/08, House for Sale by Owner� sign on the fence

2/7/08, sent letter to LL reference Violation of Civil Code section 1942.5 Prohibition on Retaliatory Actions, and Notice to Repair w/ list

2/14/08, 60 Day Notice of Termination

4/21/08, 9:30am called Code Enforcement

4/21/08, 4:30pm, Eviction UD served

4/23/08, Code Enforcement inspected, was told rental will be red tagged if not repaired

4/25/08, answer to UD

5/13/08 trial by court

Rent is paid to the end of May

Do I have a chance?


Asked on 5/08/08, 2:37 am

2 Answers from Attorneys

Avi Wagner The Wagner Firm

Re: Retaliatory Eviction

Sounds like you may have a channce. First two things I'd want to know: what is the venue and what kind of written or other supporting evidence to your claims do you have?

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Answered on 5/08/08, 2:47 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Retaliatory Eviction

I agree with Mr. Wagner.

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Answered on 6/20/08, 4:37 pm


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