Legal Question in Landlord & Tenant Law in California
Landlord served us an eviction notice in suspicion of descriminating other tenan
We lived in our apartment for 10 years now, without encountering any complaints from our neighbors.
Recently our building apartment was sold onto a new owner, and we had been noticing the changes the new owner had been implementing. We are suspecting that the new owner is being discriminative of the kind of people who they want to live in the building. Ever since the change of management we had been noticing that they are being strict on implementing their rental policy which drives the older occupants out. After they would evict a tenant, which they have done again and again, or after some one moves out, the owner would renovate the unit and rent it to their fellow Koreans without posting an ad for the vacancy. Now it's our turn to receive an eviction notice on grounds of nuisance. How can we fight this legally, cause I feel we are being discriminated.
2 Answers from Attorneys
Re: Landlord served us an eviction notice in suspicion of descriminating other t
You can try to defend it on the grounds of retaliatory eviction. But, you have to prove that their acts are retaliatory. Please consult a local attorney to assist you. Good luck and thanks for inquiring.
Re: Landlord served us an eviction notice in suspicion of descriminating other t
You should defend it not only on the grounds suggested, but on the grounds that you are not committing a nuisance. You have given no indication of what the alleged "nuisance" might be, but just being there when the landlord wants some other kind of person does not make you a "nuisance".
It is also unlawful for the new owner to try to "Koreanize" the complex. This would violate the California Fair Employment and Housing Act. If you really think this is what he/she is up to, you should immediately file a discrmination complaint with FEHA as soon as possible after eviction is threatened or filed.
You should also write the landlord and deny you are a nuisance, or committing any lease violations, and that his past patterns and practices make it obvious that he is trying to pack the complex with persons of a particular nationality and wrongfully remove existing residents to accomplish that purpose. Warn that if he brings eviction, you will complain to FEHA and defend the action on discrimination grounds and all other available grounds, and will be seeking attorneys fees, ccsts and damages in the action.
If you are successful in defending eviction and file a complaint with FEHA, any future eviction actions attempted by the landlord will appear clearly retaliatory, and you will have a good defense.
Good luck.
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