Legal Question in Landlord & Tenant Law in California

We have been sued in an UD lawsuit almost three weeks after vacating the rental property. We had asked the Landlord repeatedly for nearly 5 months to make repairs (rodents, roof leak, and water intrusion (exterior wall of home was not weatherproof)). The Building and Safety Dept. in our City would not inspect the home because "they do not get involved in Landlord-Tenant disputes". We essentially exercised our right to terminate the lease and vacate the property peacefully - because repair and deduct remedy would not have covered these repairs. The Landlord alleges he served a 3 day notice - 3 days after the home was already vacant (Yes, he signed our notice), leaves a voicemail 2 days later stating he was going to sue us, and acknowledges we are no longer in possession, and the UD lawsuit follows about 2 weeks after that. Hid UD complaint alleges we are still in possession of said rental property, but we have proof that he had knowledge otherwise. As of right now, the UD case might get dismissed, but we are still concerned with our credit, and our ability to rent in the future. Do we have a retaliatory eviction or wrongful eviction case? And yes, we have photos, letters, all correspondence to and from the Landlord, and phone records just in case.


Asked on 7/10/10, 1:23 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Since you in fact vacated the premises before the 3 day/eviction notice was sent to you, I do not see that you could sue for wrongful eviction. You could sue for malicious prosecution, abuse of process for his filing a worthless lawsuit that you won. You probably would have to have the court dismiss the suit to have "won"; his dismissing the suit might not be enough, but I am not sure. You can not raise it as a cross-complaint in his suit as you have not yet won. Then demand of him a letter stating there was no basis for the suit, send that to all the credit agencies, and show it when ever you find a place to rent and they are going to do a credit check.

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Answered on 7/10/10, 6:45 am
Daniel Bakondi The Law Office of Daniel Bakondi

You are not supposed to be sued for wrongful eviction, but a judge may say, "hey, no harm in granting it, as either way you are out after that." You may have a case for wrongful eviction, or for back rent, if you choose to pursue it - you may contact me by email if you are seriously interested in pursuing the matter.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 7/10/10, 8:37 pm


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