Legal Question in Landlord & Tenant Law in California

Retaliation

My apt. is in need of some major repairs like no heater,no kitchen flooring with a hole in the sub flooring you can put arm through to the outside.There is loose and falling paster in every room and a hole in the livingroom ceiling,faulty electrical ect. ect. I hve been complaining about these things every time I pay my rent since the new owners took over 6 monthes ago even sent reg. letter.I got up te other day to find my bath tub backing up that I told them about last month. I called thier office and told them I needed a plumber and would be witholding my rent until the repairs were made. I also sent them a reg letter telling them the same also called the health dep. Later that eve. I got a message that a plumber would be here in the morning. The maintanance man shows up with a bottle of draino and about an hour after that some come by with a 30 day notice for m to remove all my stuff from the garage that I also have here on the property that is full of my and my girl friends things. I have only had the garage for a couple of monthes and need the space. Is this a form of retaliation for me expressing my rights. they told me no matter what in 30 days if my things are still there they wil be dscarded. Can they do that?


Asked on 12/23/05, 3:48 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Retaliation

Your post does not say whether or not the garage space was part of your lease. You also state that you've had the garage space for only a couple of months. Did the the landlord give you the space? or did you just start using it? There are legal issues involved depending on how you got to use that space. These issues may impinge on the appropriateness of the 30 day notice to remove your belongings. It could be seen as retaliatory, but then again, the landlord may be within his rights to reclaim a space that was not yours if they did not waive their claim to it. Good luck.

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Answered on 12/23/05, 11:24 am


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