Legal Question in Landlord & Tenant Law in California
Wrongful Eviction
If I was giving a false eviction notice and was a tenant at good standing what legal rights do I have for legal action?
2 Answers from Attorneys
Re: Wrongful Eviction
What do you mean by false notice? Was it a three day notice to pay rent which was wrong? If so, the time to raise that issue was as a defense to the unlawful detainer or eviction lawsuit. If you have already been evicted, then you might sue the landlord for damages for having to move, but you will find that most judges are going to ask you exactly that - why didn't you raise it as a defense to the eviction in the first place.
If it was something other than a three day notice, its impossible to speculate what you mean by "false notice." I will, however, offer this - if you were a month-to-month tenant, and were given a sixty or thirty day notice to terminate your tenancy, with no reason given, that's not a wrongful eviction unless you can prove in some way that it was retaliation for something you might have done that was legal (like complaining about the condition of the property). Otherwise, if you were a month-to-month tenant, then you are out of luck.
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Re: Wrongful Eviction
You must answer the summons and petition. Contact me directly.