Legal Question in Landlord & Tenant Law in California

My has served me a 30day notice in retaliation for my asserting my rights against illiegal entry by a landlord and from frequent and harrassing inspections. I also requested that she provide me with rent receipts which she refuses to do. The move-out date is July 8, 2016. Is it better to file a claim for damages against her for harrassment and retaliatory evicetion in California Small Claims court before she files an unlawful detainer action against me. I would provide an affirmative defense for retaliatory eviction in that action. Basically should I file small claims before she serves me with unlawful detainer?


Asked on 7/05/16, 4:58 pm

1 Answer from Attorneys

You would be better off filing a case for declaratory relief, injunction and damages together, which would have to be brought in superior court, limited jurisdiction divisioni, not small claims. It is a very good idea to take the initiative rather than wait to be the defendant.

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Answered on 7/05/16, 6:41 pm


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