Legal Question in Landlord & Tenant Law in California

Retaliatory Notice to Quit

I have been given a 30-day notice to

quit my month-to-month tenancy after

complaining to my landlord about:

1). decrease in services without

compensation

2). late payment penalty (I've never been

late but he instituted a $65 penalty

effective immediately if rent is not paid

on the first day of the month)

3). repeated violation of my quiet

enjoyment, as defined in my rental

agreement.

Further, I've been given a 30-day

notice, dated 2 November, delivered on

3 November, requiring my vacating the

premises by 1 december. Can I move

this matter to court without having to

wait for a notice to evict?


Asked on 11/12/06, 11:19 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Retaliatory Notice to Quit

Yes, if your landlord is liable in tort, you would have standing for remedies in civil court. For further affordable assistance, contact us directly for a free phone consultation.

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Answered on 11/13/06, 12:05 am


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