Legal Question in Landlord & Tenant Law in California

Slumlord retaliatory eviction, targeted because I complained. He agrees to fix clog caused by tenant in lower unit & replace sink/pipes damaged by her mixing bleach/drain cleaner to unclog their kitchen sink. He sends some guy with no ID and speaks no english. Later I wanted him replaced by someone I could communicate with for safety & legal reasons and he threatens me with eviction & served me with 3day notice. Says even if the sink is chemically damaged, he is not required to replace it. He agreed to let me pay partial Nov rent less 10days until he could calculate kitchen sq ft to be deducted from balance. I did that, then he never gave me the amount. Still no working kitchen for Dec rent, which he agreed I could pay after my payday because I owe the bank because I overdrafted to pay him Nov rent. He has/is allowing other renters to stay without paying but evicting me because he did not like that I said send another plumber. He has the fixtures but refuses to install them.

Asked on 12/14/17, 7:21 am

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

If the eviction is based upon non-payment of rent, retaliation is typically not a defense. You may have a habitability defense.If it is based upon a 30/60 day notice, retaliation is a defense. Some question as to whether or not you can insist on having an English speaker perform work on your unit.

The fact that he may not be evicting other people who are behind in rent would not be relevant in your unlawful detainer.

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Answered on 12/14/17, 10:46 am

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