Legal Question in Landlord & Tenant Law in California

I live in san bernardino california and my landlord is trying to evict me for non payment of rent or because i sent him a letter asking him to stop sexually harassing me, but my rent is paid, he tried to say i owe him for a rent increase when he did not give me the proper 60 days notice before it can come into effect, can he do that? he also put the vacate notice up the day after he recieved my letter of sexual harassment that i sent to him, is this legal to evict someone for wanting their rights as a tenant observed?


Asked on 1/04/17, 6:33 am

1 Answer from Attorneys
John Molina Jr. Law Offices of John Molina

To answer your question regarding the change of monthly rent, according to CA law your landlord is required to provide you with sufficient notice (in some instances 30 days or more), before the landlord can collect the new monthly rent. If the landlord attempts to collect the new amount of rent before the applicable time, then he won't be able to claim that this amount is due in any eviction case the landlord may decide to file at a future time against you.

Regarding the sexual harrassment issue, if you exercise certain rights (which might include a claim of sexual harrassment) against the landlord, then the landlord can be found to have 'retaliated' against you if the landlord later files an eviction case without cause to do so. These are more complicated circumstances that would need to be more carefully considered and analyzed.

If you are interested in speaking with an competent attorney, experienced in the field of real estate and unlawful detainer matters, contact my office for a no-obligation consultation with an attorney that can do just that, Reach us at 888-790-5053 and/or visit our website www.coronacalawyer.com.

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Answered on 1/04/17, 10:19 am


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