Legal Question in Personal Injury in California
Landlord Liability
In March I tripped over the carpet in my living room that has been torn for quite some time. In the rental agreement, the landlord noted that he needed to repair the carpet. It's been 6 years since then and he had still not fixed it.
I've been told by an insurance agent that my landlord is only partially responsible for the injury. I was told that because I was aware that there was a safety hazard, I am also at fault. I was wondering if anyone could tell me where I could find more information about this.
Also, my landlord has now given me notice to vacate. It's retaliation, but I'm not real sure what to do.
Thanks so much
2 Answers from Attorneys
Re: Landlord Liability
the insurance agent is correct. as far as the eviction, retaliation is a proper defense
Re: Landlord Liability
It is retaliation and what you need to do is file an answer to the notice to vacate. What you can sue for is moving costs and related expenses of finding a new apartment. I can help you file an answer to the unlawful detainer but it has to be done within 30 days of receiving notice of the eviction. The Court will then set a court date. On that date you go in and tell the court what happened and hopefully the court orders your landlord to pay your moving expenses and other related expenses. If you still need help accomplishing this please feel free to contact my office toll free at 877-546-9918. The consultation is free. I hope I can be of some help.
John Hayes
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