Legal Question in Landlord & Tenant Law in California

Legal Avenues or Legal Advice

My landlord has threatened to evict me if I don't pay for the charges to the gates of my gated community. The gates were inoperable and there was a line of cars trying to get in. The remote to open the gates didn't work, and I tried using the code on the box to open as well. I then went over to the gate and gave it a little push with the help of another tenant that lives on the property. The manager stated that he is sending me the bill, and that if it is not paid he is going to evict me. What can I do? The other question is that I have asked the manager twice to spray for insects and yet nothing has happened aditionally I have asked for the toilet to be fixed and nothing has happened. It has been two weeks.


Asked on 6/29/07, 1:42 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Legal Avenues or Legal Advice

Write to the landlord and management copy (certified, return receipt) and keep a copy regarding gate repair.

If an eviction is attempted based on this, you could present your defense to a judge, and see if the judge accepts it. You also have the possibility of the defense of "retaliation" where you are singled out and an eviction is attempted because you complained.

Also, give written notice regarding the spraying.

Of particular importance is the problem toilet. Working plumbing is one of 8 major reasons that consist of California code violations. You can repair and deduct from the rent, or withhold rent, subject to some limitations and rules. Again, put it in writing.

I suggest that you retain an attorney to write a strong letter on your behalf. E-mail me, or call, if you need more advice.

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Answered on 6/29/07, 5:48 am


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