Legal Question in Landlord & Tenant Law in California

The Eviction Process

I moved into a place that had some habitability issues. The landlord told me that I could repair and deduct. When it came time for the rent and i showed receipts he became angry and confrontational. He then stated I wasn't going to live here for free and to get my stuff and get. He then never served me with a 3 day pay or quit ot a 30 day notice and now he is saying he is going to evict me. My question is can you start the eviction process without ever having served either of those papers? I then wrote him a letter stating the issues and had it sent certified mail. He follows my husband and i around town and has even went to our parents place of business to ask for money. It has been 4 months and I cannot take a shower in this house, There is a broken window, a giant hole in the bathroom wall, No heater, No air conditioner, Mold, I've had a cold since the first week I moved in... and to top it all off my puppy died of parvo he got in out yard, from the landlords many many rabbits that run freely through out the neighborhood, as well as the 50 fighting cocks that crow day and night in the back yard behind mine which is the landlords... The smell and the flies are horrible.. My last question is do you think I have a case? HELP!!!!!!


Asked on 6/09/06, 12:44 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: The Eviction Process

Your best course is to sue your landlord for breach of lease or if there is no written lease, then breach of the warranty of habitability, and in either case breach of contract. You should preemptively strike, so that any eviction action will be viewed as retaliatory and therefore wrong. Good luck.

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Answered on 6/09/06, 2:38 pm


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