Legal Question in Landlord & Tenant Law in California
I am being evicted and expect the unlawful detainer any day. My 1 year lease expired on 1 July,, is not being renewed and I am not moving. I am 100% sure the lease is not being renewed for retaliatory reasons, illegal in CA, and I am going to fight it. I am positive I will win...but then what happens?
1 Answer from Attorneys
If you haven't yet answered the unlawful detainer (eviction) lawsuit, do so promptly after it is served. You will want to raise as an affirmative defense the retaliatory nature of the eviction based upon illegal reasons. If you don't do so, you lose your right to bring it up later. If you were to have an attorney helping you, you might find ways to negotiate with the landlord, or at least get information about the illegal reasons for the eviction. Eventually, if this matter doesn't settle, it will go to trial. If you lose, then the sheriff will be locking you out a couple of weeks later. If you win, then you get to stay and, perhaps, recover attorney's fees if your rental agreement provides for them.
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