Legal Question in Landlord & Tenant Law in California

Home uninhabitable-Landlord retaliating

OUr home has been considered uninhabitable and we have exercised our legal right of withholding rent. After giving notice to the landlord we now have the opportunity of buying a condo. The landlord has just filed (in retaliation) an unlawful detainer against us. The property manager also does business with our lender. Is it legal for the current owner to retaliate against us? What can we do to ensure the property manager acts in a legal and professional manner? What if he doesn't? We are going to respond to the unlawful detainer, but how can this affect us buying a condo?


Asked on 8/15/03, 2:06 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Home uninhabitable-Landlord retaliating

I'm not sure what you mean by "considered uninhabitable". If the local housing authority or health department has actually inspected it and found it to be so, and if they so notified the landlord in writing at least 60 days ago, the burden of proof will be on the landlord to prove it is habitable in the unlawful detainer (eviction) proceeding. If not, the burden of proof will be on you to prove it is uninhabitable.

You are very much in a "go for broke" situation. You will have to either pay the rent, or defend the unlawful detainer suit and rent withholding on uninhabitibility grounds. If you are unsuccessful, you will be evicted. If you are successful, the landlord will be barred from collecting rent until it is repaired.

You need to arm yourself with all the photographic evidence you can, and I would recommend getting inspection reports, either by a housing agency, or by a private engineer.

Good luck.

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Answered on 8/15/03, 3:18 pm


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