Legal Question in Landlord & Tenant Law in California
Hello. My landlords had given me a verbal agreement to a one year lease. Three (3) days after the agreement, they subserved me a 30 day notice, never received anything in mail. Then they harrased me verbally, threated to relase my animals (had to call police) , locked me in my into the property to serve me and assualted me .
During this time period, I was also served a 3 day quit notice, and a 3 day pay or quit notice. On which notice would they file an anlawful detainer on?
I wrote them a letter stating that I was with holding rent due to the fact that they have not made any of the repairs needed. I have found out that the house is being foreclosed on and they do not want to put any money into it. In fact they have stripped 90 % of the property. Is there anything I can do to recoup all the lost wages from not being able to work?
Thank you.
1 Answer from Attorneys
You do not tell us what the connection is between your landlord/tenant problems and lost wages is; we would rather not guess at what it is.
The only "3 day notice" is one to pay the rent owing and/or stop certain alleged improper behavior; an unlawful detainer would correctly be based upon any or all of the reasons given in the notice(s). If you are subserved, then the notice must also be mailed. Ask them for proof of mailing.
You may withhold up to one month's rent every 6 months for failure to repair after reasonable notice, but you have to actually spend that sum and not hold it back until repairs are made. Until the actual foreclosure sale occurs, they still are the legal owners of the house and are due rent payments. If, however, it is reasonable to believe that the house will actually be sold before the one year lease expires, then they may have breached the lease.
If you can prove all the harrassment and other questionable behavior allegations you have made, a tenant's attorney may be willing to take you case to sue for lost wages, part of the rent paid, and emotional injuries.
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