Legal Question in Landlord & Tenant Law in California
Illegaly evicted from illegal apt.
At apt. 4 yrs, on a month to month , never been late with rent. June my MS left me disabled on SSDI. LL called to say I should move cause she was afraid I would fall down stairs and sue. Week later was given �60 day notice of eviction� letter that says �she is starting a new owner occupancy� She wants her son to move in.
Called city hall and was told this address is listed as single family home and that the house is not licensed to have apt. Also found it�s not up to code. No smoke detector, no built in heater etc.
Jan. rent is due soon. I heard that my lease is void and I do not have to pay rent. Is this right? Also found link on web that says LL would have to pay moving expenses and money so I can move. Does that apply in my case?
Situation has me extremely distressed. Been looking for an affordable, handicap accessible apt. but no luck yet. Don�t want to pay Jan. rent if don�t have to as can use money for expenses. Afraid she will keep deposit if I don�t pay the rent. SSI doesn�t give me much. I also don�t want her badmouthing me to new potential landlords.
Being homeless and disabled is to much for me to bear. Situation has prompted me to have doctor double anti-depressant meds as I don�t want to feel suicidal again.
2 Answers from Attorneys
Re: Illegaly evicted from illegal apt.
Mr. Shers' answer is thoughtful, insightful, and caring.
Follow his advice!!
Re: Illegaly evicted from illegal apt.
If the unit is not legally rentable, that means the landlord can not collect rent for it but also that no one can live in the unit. So if you report it to the local housing authorities, you will be force to leave. Whether you could collect back rent I do not know because you derived a benefit from living there.
You do not mention if your city has rent control or not. If it does, make an appointment with their adviser to find out what benefits you are entitled to. That she tells you lit is for a relative to move in implies there is some form of rent control effecting you. Normally the landlord does not have to pay anything as to the eviction of a tenant or refusal to renew their lease with them. If they had to, most of them would be driven out of business. You can not be discriminated against because of a perceived disability: call up the State Fair Employment and Housing department [may have a new name].
If you do not pay the rent, you will be given a three day notice. It would not be a defense that you anticipate the landlord will owe you some money. You need an actual judgment; you can use a non-judgment as a cross-claim against the landlord as to how much you owe them after subtracting what they owe you, but that does not stop you from being evict because in fact you did not pay the rent.
I realize the world looks rather bleak to you, but yesterday and the day before were as bleak and you go through. Just try to take one day at a time. I have read that prisoners of war who are greatly mistreated adopt the attitude of just making it through that one day and not worrying about the next day or month. Then when they get up the next day, they take pride in having survived the past day and just try to survive the day they are awakening to. People have managed to live for 4 years with that attitude. You can also make it. Good luck.
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