Legal Question in Landlord & Tenant Law in California

is it legal for a landlord to after filing for eviction for retaliatory reasons, to put my criminal background in the court case and bring up past misdemeanor infractions? Also is it legal for them to add a clause to the lease stating they will refuse housing to anyone with a criminal background within the last 5 years?


Asked on 9/14/11, 5:57 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Conviction of a felony or crime of moral turpitude can be brought in to attack your credibility, but normally not a misdemeanor unless it shows a habit and custom that is relevant to the case [e.g., you claim the landlord stole money from you and twice were convicted of misdemeanors for falsely reporting thefts to the police might be allowed in by a judge.

Before you rented the apartment, the landlord could put in a clause against previously convicted individuals but not once you have an outgoing lease [but when it renews he could demand beforehand new terms to continue it]. Having a criminal background is not a protected class as to discrimination.

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Answered on 9/14/11, 9:31 pm


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