Legal Question in Landlord & Tenant Law in California

Re: Tenant/Landlord

Civil Code section 1942.5(c) states: "It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she . . . has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was, in fact, retaliatory."

You have a right to defend yourself in court to the point a judgment in your favor. It sounds retaliatory to me, especially if the 30-day notice is served on the same day as you received the judgment. You might also bring an anti-SLAPP motion in the new UD law suit. Discuss this with a local lawyer. You should be awarded attorney's fees if you prevail.

Re: Tenant/Landlord

I agree with Mr Cohen.

This certainly appears to be retaliatory.

Also, oral agreements are as binding as written agreements (just harder to prove). You should have demanded receipts.

Re: Tenant/Landlord

Retain an attorney right now - you have what sounds like a classic "retaliatory eviction" case against the landlord. You need to review all of the facts, however, with an attorney before filing any lawsuit.

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Re: Tenant/Landlord

Serving a 30 day notice after you win the case appears retalitory. However, if another unlawful detainer is filed, you will have to prevail on retatliation as an affirmiatve defense and have the prior unlawful detainer file or judgment at court.