Legal Question in Landlord & Tenant Law in California

Can I get an extension to answer an unlawful detainer and does the below info appear to be a WRONGFUL EVICTION. I was not served personally, my son was as he walked outside on NOV 19th, 2010, However, I'm the only person listed on the lease. I received 5, 3 day notices within the last 3months. Each notice has a different total amount due AND is for an amount that's higher than my monthly rent. I have a "HOUSING VOUCHER", and pay a specific amount monthly. Upon receipt of the 1st 3day notice, I disputed it and asked the landlord to provide me a copy of my complete payment history which was provided 2months later and incomplete (16 MONTHS OF PYMNTS ARE MISSING, YET I HAVE THE CANCELLED CHECKS FOR MOST AS MY PROOF OF PYMNT)... also, the payment ledger shows that they have been charging me more than what was approved by the Housing Authority as stated in my contract. For this reason, I feel the 3day notice is incorrect and that I have actually OVERPAID the rent. Also, because of unrepaired leaks, mold, broken windows, etc.. for the past 18months (I have copies of my repair requests and photos of the damage going back to April 2009), I filed a complaint with "Fairhousing" in which they inspected my unit and found several violations. I believe the LL is retaliating because of this. In the summons, there's a copy of a rental agreement that I believe to be forged because because it doesn't match the signed agreement on file with The Housing Authority. Also, included with the summons is a copy of a NOTICE OF RENT INCREASE, which was denied by Housing Authority (I have copy of denial), yet they are evicting me for not paying the higher amount that WASN'T approved.. IS THIS EVICTION EVEN LEGAL being that they are breaching the signed contract with the Housing Authority.. I forgot to mention, I've been a tenant since Feb 2004, the original management sold the company and the New management co. took over in Feb 2009 and that's when the problems started..


Asked on 11/20/10, 2:58 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You should definitely get yourself an attorney who knows housing authority issues. The attorney could get all the evidence together with your help. The attorney could file the answer with the court, even if it's late, and deal with a default if one has been entered. If the rental agreement provides for recovery of attorney fees to the prevailing party, then that might be enough incentive for the attorney to handle your case for the fees that can be collected if and when you prevail. Good luck to you!

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Answered on 11/25/10, 3:56 pm


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