Legal Question in Landlord & Tenant Law in California
Is there any extra legal protection for a disabled person facing eviction, based on retaliation, during a series of complicated medical procedures, which would render moving almost impossible?
1 Answer from Attorneys
There is no additional protection available based solely on your medical conditions, that I am aware of. That being said, if the eviction is retaliatory, you should be able to defend it in State Court, in the unlawful detainer lawsuit. If the lawsuit has gone to judgment, then you are too late. If it has not gone to judgment, you should file an answer, alleging a valid, legal defense to the eviction. You will then have to go to trial and defend the suit. If you are not able to attend, you will have to hire an attorney to represent you, as no non-attorney third party can represent you in a court. Moving is not the issue. If the judge orders you evicted, they will throw you out of the property without any of your possession, sick or not sick. If you can get in front of a judge to explain your medical conditions, or have an attorney do so, you may get some sympathy and additional time to move from the judge, but it would be entirely discretionary on their part, and actually they would technically not be following the law. You really need to speak with a tenant attorney in your area immediately.
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