Legal Question in Real Estate Law in California

Sexual Preferance Discrimination and Eviction

I am being evicted for non-payment of rent. I am also experiencing discrimination based on my sexual preference. I asked the landlord to terminate my lease so I could move when a sexual toy was stolen from my home by a maintanence man, I was told yes but no attempts were made to rent my apt. Do I have a case? I just can't afford to pay rent in a place that I feel personally threatened and move at the same time. There are others in the same complex that feel discriminated against for the same reason. There has also been a fire in front of my house (the landlords garage) and my car was stolen. Do I have a defense of unsafe habitat? Also the maintanence man who entered my apt. with a key was said by the landlord to be strongly bonded and a backround check was supposedly given before he was hired, but when the police were called a check was done and his record showed felonies, DUI'S etc. do I have a case for false representation or false info. Help me here this has been a nightmare.


Asked on 1/27/02, 5:14 pm

2 Answers from Attorneys
Judith Deming Deming & Associates

Re: Sexual Preferance Discrimination and Eviction

If you have a lease, you are responsible for the rental payemnts for the duration of the lease, unless the landlord agrees to terminate the lease. If, on the other hand, the landlord simply agreed that someone else could take over your lease, then until you vacate, the landlord does not have to try to find someone to move in because you are still there--why don't you get clarification? If the landlord agreed to terminate, get it in writing. However, if this was what he agreed to, he would not be going forward with an eviction. As to a "defense" of lack of security, etc., that is not a good defense to non-payment of rent; further, if the security is so lax that you feel unsafe, it would be hard to explain in court why you have not moved.

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Answered on 1/28/02, 12:14 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Sexual Preferance Discrimination and Eviction

You tend to ramble here, a little.

Do you want to move? If the landlord says he will terminate your lease, you are free to leave whether or not he finds a new tenant. Just get it in writing.

As to your other questions, it is difficult to determine with more, finite facts.

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Answered on 1/27/02, 11:28 pm


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