Legal Question in Real Estate Law in California

compensation

My landlord evicted me because I complained about the plumbing and major repairs that this slumlord never fixed,always paid rent on time,and the place was infested with bugs, I mean bugs!I have pictures and evidence,statements,termite inspections ,etc.Is it possible to sue and win?Thanks for any insight you may give, John


Asked on 2/18/03, 10:31 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: compensation

Well, I guess it depends upon what you want to sue for.....if you were evicted through the process of an unlawful detainer action that went 'full term' and resulted in a judgment in favor of the landlord, and you let the time for appeal pass, matters relating to the lease (or rental agreement) and the eviction are probably decided for good, and you couldn't re-open those issues, or anything else litigated and decided in the unlawful detainer action, including defenses to eviction that you could have, but didn't, raise.

Similarly, but for different legal reasons, if by 'eviction' you mean you surrendered the place voluntarily, you probably can't sue (for contract damages) on the lease or rental agreement.

However, in either case, if you have suffered harm outside of the eviction itself, your cause(s) of action are probably still alive and kicking. For example, if you contracted a disease due to toxic mold, you could sue and perhaps win.

Finally, if the only purpose of the suit is to punish the landlord for running such a dump, and you have no personal harm to redress through suit, you probably lack 'standing' to sue, and would be better off just making a report to the local housing authorities and let them handle it.

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Answered on 2/18/03, 10:47 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: compensation

hi john, i may be able to further assist you if you can give me the details of the eviction process. if you can document the pertinent events from the time you moved in until the time you moved out, i may be able to let you know if you have standing and if you can win a per se retaliatory eviction suit against your landlord. from your facts given so far, your landlord's behavior sounds horrific. email today with more facts for more assitance.

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Answered on 2/19/03, 12:24 am


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