Legal Question in Landlord & Tenant Law in California
Reprisal for Winning Case Against LL in Eviction Court
On yesterday, I, the tenant went to court to defend my case of why I shouldn't be evicted. I won, as I was not served. However, I received a knock on the door from the Assitant Manager, serving me with a witness, to vacate the premises within 60 days, as I am a month-to-month tenant along with a three day notice to pay the past due rent (which is the case I had just won).
#1 - Isn't this reprisal?
#2 - Can he serve me with a 3-day notice without the judgment in writing from the Judge?
#3 - If this is reprisal, what can I do about it?
2 Answers from Attorneys
Re: Reprisal for Winning Case Against LL in Eviction Court
You won, so you get to stay. But you don't get to stay for free. You must come current on all the old rent that you failed to pay, if any.
Re: Reprisal for Winning Case Against LL in Eviction Court
Pay in full, or start packing!
You won, but you won on a technicality. You didn't win because you had paid, or had an excuse not to pay, other than not being served.
Now you are served properly for another law suit. You owe the landlord rent, and, if you don't pay before the end of the third day, you'll be faced with an another eviction.
Regardless of that, if you are paid up to date, you must vacate within 60 days. This is a new case, not the one you just won.
To answer your questions, (1) you are confusing reprisal, or retaliation, for the fact that you actually owe money to the landlord. Do you really think you can stay rent free, because of a technicality?. (2). Same answer! You won!. This is a new law suit. (3) Not reprisal, and you can't win!
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