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?


Asked on 7/08/10, 12:41 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 7/08/10, 4:15 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California