Legal Question in Landlord & Tenant Law in California

Is this a California small claims law retaliatory eviction issue?

In California Is this a Retaliatory 30 NOTICE? The court found the 3 day notice to pay or to quit to be without merit and the owner conceded rent was never in arrears. The very same day the 3 day notice to pay or quit case was dismissed by the court a 30 NOTICE was then served. Again, no rent is due. These notices are all generated by the homeowner. I have no contact or contract with this out of state homeowner. I am an authorized month - month Subtenant. The master tenant has an active, valid lease with 5yrs remaining and never a deliquency or ever any lease breach issues. Is this considered a retaliatory eviction since the only problem noted was my defense of the (bogus) 3 day notice to pay a nonexistent debt?


Asked on 4/14/14, 12:29 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

No. The eviction is not retaliatory based on what you have provided. It would be retaliatory if you had exercised the repair and deduct remedy, complained about the condition of the unit to the landlord or a public entity (like the Department of Housing), filed a lawsuit based on the condition of the unit, or caused a public entity to issue a citation to the landlord. (See Civil Code section 1942.5.)

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Answered on 4/16/14, 6:58 am


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