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?


Asked on 7/02/09, 2:42 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 7/02/09, 1:26 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Wrongful Eviction

You must answer the summons and petition. Contact me directly.

Read more
Answered on 7/02/09, 3:20 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California