Legal Question in Landlord & Tenant Law in California

Retaliatory Rent Increase & Eviction

I have lived in house for over 4 years maintained by property management. They are slow to fix things (3 1/2 weeks to fix broken front window and front door that would not lock) but blame me for not answering phone or door. Not True!! When they finally fix a few things, coincidently a rent increase notice is received a week later. I call them to complain about retaliation & within 2 weeks get a ''60 day eviction notice''. Also, roof (in one room) has been leaking for 2 years (we notified them 2 years ago & a few more times since). Can I subtract a portion of rent for unusable room & do I have a claim otherwise for retaliation?


Asked on 3/26/04, 1:11 pm

1 Answer from Attorneys
A. Russell Martin Law Office of A. Russell Martin

Re: Retaliatory Rent Increase & Eviction

Hi,

Sorry you�re facing these problems, but I�m glad you are aware of your rights and had the sense to seek legal help. You may be able to recover actual damages, punitive damages and attorney�s fees for the landlord�s violations of California Civil Code Section 1945. You may also be able to sue for any breaches of the implied warranty of habitability that reduced the fair rental value of the unit. You should contact me immediately if you want to enforce your rights. In the meantime, it is important that you keep paying your rent on time. Otherwise, you risk having the landlord successfully evict you and it becomes more difficult to prove the landlord�s retaliatory motive. You can bring a lawsuit to recover any overpayment of rent if it is determined that the habitability problems are serious enough to reduce the unit�s fair rental value.

Contact me for a free consultation at (415) 364-1604 or [email protected]. I work throughout the Bay Area. Hope this helps.

Best of Luck,

Russ Martin

(415)364-1604

[email protected]

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Answered on 4/01/04, 5:26 pm


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