Legal Question in Real Estate Law in California

Can tenant be re-evicted? Can they make the Landlord fix the problems?

Landlord refuses to fix habitability

issues, Tenant refuses to pay rent

until those are fixed. Landlord files

UD, loses after overstating rent.

Lease expires and is also forfeited in

trial at the request of Landlord.

Landlord still has not fixed problems

but now Tenant can't move because

Landlord has tarnished their credit

report. There is no month-to-month

lease since no new rent was paid at

the end of the expired lease.

Does the landlord have any legal

right to try to evict again? How can

the tenant get the Landlord to fix the

problems or if the Tenant fixes them

in order to continue living there what

effect if any does that have on the

situation? Trying to help this elderly

family who are stuck in this mess.


Asked on 3/22/09, 5:45 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Can tenant be re-evicted? Can they make the Landlord fix the problems?

Refusing to pay rent over habitability issues wasn't the right thing to do. There are provisions in the law that would allow a residential tenant to, after going through a very specific procedure, withhold rent and pay for the repairs themselves. You must first be sure these are actually habitability issues - that area of law is not as broad as most people think it is. Cosmetic issues are not habitability. The landlord lost over an issue not related to the question of habitability (from what you posted), so there is no question he can refile his complaint and evict them. Lease or no lease is irrelevant. To force the landlord's hand, have them contact the local building official to complain about the condition of the apartment. You might also consider contacting the local housing department and file a complaint for habitability and age discrimination (if there are facts to support that). If they are older, you can also contact the County Agency on Aging for advice. They may have access to free legal resources through that agency.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/23/09, 2:06 pm


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