Legal Question in Landlord & Tenant Law in California

I entered into a 1 year commercial lease for an office building in 2003. The landlord passed in 2005 and his wife "took over". She refused any of my written requests for repairs including no heater, a/c, exterior building lights etc. On February 1, 2011, I provided her with a list of items that needed to be repaired and she told me to move out which I did. I believe this is a Retaliatory Eviction. I told her that I was going to withhold the rent and I moved out 15 days later. I cleaned out the office. I received no communication from her until I was served at my new office 3 months later. She sued me in Small Claims Ct. for February and March's rent and cleaning fees. I went to court and cited the CA Civil Code 1950.7 which required that she provide me with the accounting within 30 days or she cannot collect it. She provided one to the court dated April 29th which she acknowledged was delivered to the vacant office, so I never received it. I also cited the lease which requires her to refund my $1K deposit within 30 days of me leaving. I did not receive my deposit. I received the judgment in the mail today which I want to appeal. The judge awarded her $1,500 but it didn't specify the breakdown. I believe my February rent should have been prorated for only 15 days ($750) and my deposit refunded. No costs should be awarded for the cleanup because I left it spotless & I provided photos to the court. Do I have a case for Retaliatory Evictionand and the return of my deposit?


Asked on 7/08/11, 1:36 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

In a commercial context, retaliatory eviction really doesn't come into play very frequently. Your options for dealing with maintenance and repair issues was to repair and deduct from your rent. In a commercial context, you cannot simply withhold rent for her failings in maintenance, but not follow the procedure provided for in the code. You can certainly sue her, but I've rarely seen judge's award any damages for retaliatory eviction in commercial leasing situations. As for your deposit, you will want to appeal the decision so you can have the case heard by a new trier of fact, and get a statement of decision which will breakdown what will be awarded in the new case.

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Answered on 7/11/11, 2:26 pm


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