California | Landlord & Tenant Law
Legal Question
We have been sued in an UD lawsuit almost three weeks after vacating the rental property. We had asked the Landlord repeatedly for nearly 5 months to make repairs (rodents, roof leak, and water intrusion (exterior wall of home was not weatherproof)). The Building and Safety Dept. in our City would not inspect the home because "they do not get involved in Landlord-Tenant disputes". We essentially exercised our right to terminate the lease and vacate the property peacefully - because repair and deduct remedy would not have covered these repairs. The Landlord alleges he served a 3 day notice - 3 days after the home was already vacant (Yes, he signed our notice), leaves a voicemail 2 days later stating he was going to sue us, and acknowledges we are no longer in possession, and the UD lawsuit follows about 2 weeks after that. Hid UD complaint alleges we are still in possession of said rental property, but we have proof that he had knowledge otherwise. As of right now, the UD case might get dismissed, but we are still concerned with our credit, and our ability to rent in the future. Do we have a retaliatory eviction or wrongful eviction case? And yes, we have photos, letters, all correspondence to and from the Landlord, and phone records just in case.
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