Legal Question in Landlord & Tenant Law in California

Retaliation

Landlord wanted to inspect the condition of the interior of the property. His reason was because ''it is an investment for him''.

I did not feel that it was sufficient enough reason to let him in ''just to look around''. So I refused entry. He kept calling and harrassing me until I agreed to let him in. But during the week only. And only one of the tenants could be here due to work schedules.

The landlord then got angry threatened us with eviction because we did not allow him to enter on his terms. He also threatened me with a negative rental rating as punishment. He also has yet to cash the certified check that I have sent him for the current months rent. He claims he never received it. He sent an eviction notice via email to my work email saying that we had 30 days to get out and that rent was good until Aug. which means he ''did'' receive the July rent...he is just playing hardball.

I explained to him that he had violated my rights by demanding an invalid entry and used threating and harrassing behavior to pursuade me to give in. He then followed up with an eviction notice due for not allowing him to ''inspect on his terms''.

Is this retailiation, can I take hime to court and win.

I have to move now, can I recover costs/damages?


Asked on 7/11/06, 9:47 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Retaliation

Your landlord sounds like a jerk, but he does have the right to enter your premises for maintenance and other matters affecting the property. Your refusal may be enough cause for an eviction, but you may have a vaild defense as well. First, if you're in a rent-controlled area, the 30 notice is invalid. If you're not rent-controlled, a 30 day notice may be given for any reason, or no reason at all. You should hire a lawyer to deal with this. Good luck.

Read more
Answered on 7/12/06, 11:09 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California