Legal Question in Real Estate Law in California

What should I do if I face a retaliatory eviction situation?

Ijust received a Notice of Unlawful Detainer Eviction from my landlod. I have been a good tenant and have lived in the unit for over six years. Within the past six months, I complained to the landlord about serious leakage in my kitchen ceiling from upstairs bathroom and also soaked carpet and wall from the leakage too in one of the bedroom. I also hired mold inspection company to test the mold, the report shows that there was mold inside the house. I used mold inspection expenses and my children's medical bills and other property damages to deduct remedy (one month rent of $901.00). I also complained about the condition of the rental unit to the landlord and asked them to repair in writing.When I tried to pay my March rent at the end of February, my check was returned to me and several days later, I received the above mentioned the court notice. I need to know whether I got a chance at the court? I urgently seek good lawyer's legal advice advice.Please help!!!


Asked on 3/15/06, 12:09 pm

2 Answers from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: What should I do if I face a retaliatory eviction situation?

Probably not. Generally speaking, you are not entitled to deduct such expenses from your rent. The unit does not sound uninhabitable, and it is not clear if you made sufficient demand upon the landlord to cure the issues. Instead, it appears as if you unilterally made repairs and now want the landlord to pay. Unless you find a sympathetic judge, it is unlikely that the court will sympathize with you.

When you short paid February, you were most likely in breach of the lease at that point.

You don't indicate if/when the Landlord served a 3-Day to Pay or Quit. Presumably, this was done. If done before you tried to pay March, then the Landlord was probably justified in refusing the March payment because it was not payment in full.

To protect your credit rating, you should cut a deal with the Landlord now. Otherwise, you will be forced to go to fight the case in court. If you have just been served with a lawsuit, then you have five days to respond in proper legal format in court.

You should find yourself an attorney immediately.

Good luck.

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Answered on 3/15/06, 1:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What should I do if I face a retaliatory eviction situation?

I think the first question is whether you have a long-term lease with some time remaining or you are month-to-month. Since your rental could be terminated soon anyway, opposing might not be economic.

If you decide to fight the UD, note the very short response time on the summons, and be sure to file an answer stating your defenses within that time.

Answers and other court papers have strict format requirements, so I'd suggest using a local lawyer who does tenant matters at least as a coach if not under a full retainer basis.

There is some law and policy against retaliatory evictions which may be helpful; on the other hand, I'm not entirely sure your use of the pay-and-deduct law for the purposes mentioned was legally permissible.

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Answered on 3/15/06, 1:41 pm


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