Legal Question in Landlord & Tenant Law in California

PLEASE HELP!! I am a renter in Ca. fighting an eviction where Owner filed UD action after I complained about habitability (major sewer, lack of HEAT issues) to him AND the AC Building Inspector ( in October) ....this has been going on since October 2012, with out Owner doing ANYTHING about it, and now, today, the county has red tagged the house! We are being told we have to VACATE until all repairs are made to house. Is Owner liable to find us temporary housing? We have NO WHERE to go!! UD case trial is THIS month! I know I will WIN UD case & owner has violated MANY CODES including Civil Code sections 1174.2, 1929, 1940, 1940.2 1941, 1941.1, 1941.2, 1941.3, 1941.4, 1942, 1942.5; Health And Safety Code sections 17920.3 and 17920.10.... COULD GO ON & ON but have no idea what to do or what my rights are now! Do not have another place to move to TODAY nor do I have $ to get hotel room as I have been saving RENT money to be able to pay what court thinks is fair for condition of home...ANY HELP OR SUGGESTIONS?


Asked on 3/20/13, 4:03 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

If the building was "red tagged" and you were ordered to vacate immediately, providing documentation of this will probably result in your winning the eviction action. But as that still doesn't get you a home you will need to look to the local relocation ordinance rules. Basically there is a federal standard for fair market values on residential rentals in your area.

Given what has happened, I recommend that you start looking for an attorney to assist you.

You should be able to make a demand for (1) relocation costs; (2) temporary shelter costs; (3) retroactive rent abatement; (4) statutory damages based on substandard conditions, and retaliation. You may want to contact the federal LSC-funded legal assistance program in your community or the local lawyer referral service. I would use the money you have been saving because there is no rental value on a red-tagged unit.

Good luck with this.

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Answered on 3/20/13, 7:20 pm


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