Legal Question in Real Estate Law in California

Need IMMEDIATE court injunction against unlawful detainer

The owner failed to repair rental, which has severe habitability defects, despite repeated oral/written requests to repair. Uninhabitable conditions & toxic environment forced us to take temp shelter elsewhere until repairs were made & IAQ tested. We withheld our rent at that time. IAQ test report confirmed the presence of toxic mold & asbestos & probable contamination of contents. Owner has offered to ''forgive'' past (withheld) rent & pay for our contents to be cleaned, ($20k - $40k), contingent that we move out & release furthers liability. (With limited financial resources, we can't afford to clean our property, unless the owner pays for it.) We have suffered a great deal of emotional & mental distress, inconvenience, financial loss and have incurred add'l expenses over this situation & want to recover more than what is being offered. We just received 30 days notice to move. (Retaliatory eviction) It will probably take that long to clean & secure our personal property and we are afraid an eviction will ruin our credit & make moving even more difficult. What legal remedy do we have that would provide an IMMEDIATE court injunction against the owner filing an unlawful detainer lawsuit against us in 23 days?


Asked on 4/14/02, 5:34 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Need IMMEDIATE court injunction against unlawful detainer

If your facts warrant, a lawsuit can be filed against the landlord. You should put all rent into a trust account. Upon the filing of an unlawful detainer action, we could ask the court to consolidate both actions. If you fax all of your proof, lease, and paperwork to 714 363 0229, I will provide you with free consultation.

Read more
Answered on 4/15/02, 4:55 pm
Victor Hobbs Victor E. Hobbs

Re: Need IMMEDIATE court injunction against unlawful detainer

The judge is probably going to be sorry for you. However, unless the landlord has cleaned up the place. You are asking the court to continue your occupancy in a place dangerous to your health. I don't think you get away with pleading that the place is as bad as you say, and then ask the judge to let you stay (probably rent free). So you'll have to move. You may go in on a noticed motion or Ex-parte. And offer to pay some rent for a limited time, and the court might approve. You get 5 days for the Summons and Complaint, (answer that), then approximately 18 days for the trial to take place, and then 5 days to lock out. If you file BK before the trial. The automatic stay will give you approximately another month. Yes, your credit report 'may' be hurt. It's life, and sometimes far from perfect.

Read more
Answered on 4/14/02, 5:54 pm
Judith Deming Deming & Associates

Re: Need IMMEDIATE court injunction against unlawful detainer

It would be very diificult to halt the unlawful detainer, short of filing a bankruptcy. You could file a superior court action seeking your damages and attempt to "stay" the unlawful detainer pending a resolution of your civil suit, but I am doubtful you would be successful. The offer made you for settlement of monetary dmages seems VERY reasonable, and a court could construe your efforts to get more, as simple greed. In order to prove damages in any amount, you would need expensive expert witnesses (which costs would come out of your final judmgent or settlement award, along with other costs such as filng fees, depositons, etc.)and an attorney willing to take this on contingency, and even if successful, you might end up with less in your pocket after opaying the costs and giving the attorney his contingency fee, than the owner is currently offering! The smart thing to do is to settle and move.

Read more
Answered on 4/17/02, 12:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California