Legal Question in Landlord & Tenant Law in California
Breach of Habitability
If a tenant has complained for 3 years and the old owners retaliate by evicting the tenant, can the old owner evict the tenant from property owned by someone else?
I have created more info on a website bearing my name at Geocities.
2 Answers from Attorneys
Re: Breach of Habitability
The Code of Civil Procedure allows either the owner or the lessor (the person who signed the lease) to bring an unlawful detainer. So, yes, the old owner can evict you if he was your landlord (he did not hire someone to be the landlord for him). Of course, if the new owners want you there, you could just enter into a new lease with them which would terminate the old lease, in which case only the new owners could evict you. Nice try, but not going to work; hyper-technical arguments like this rarely work in unlawful detainer court.
Re: Breach of Habitability
The old owner no longer has standing to pursue the lawsuit. The new owner can either step into the owner's shoes and take over, or dismiss the lawsuit.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
