Legal Question in Real Estate Law in California
Eviction
The owner/landlord was giving serveral letters and
red tag gas heater note from the gas company.the gas company gave him the letter on Aug.4,1999 to fix the heater or install a new one to this date I
don't have a working heater. My question to you is
does he legally have the right to evict us even thou my rent is always paid on the 1st of every month.I have all rent reciepts to prove it was paid on the 1stof every month.I had to call the housing and make a complaint against him. my kids are a ward of the state and I will be getting them back.Please give me some legal advise
1 Answer from Attorneys
Re: Eviction
The landlord cannot legally rent the appartment to you without a heater. He may attempt to justify your eviction as necessary to repair or replace the hearter.
A landlord cannot evict a tennant in retaliation for the tennanct exercising a legal right. If the landlord gives you a 30 day notice you can defend on two separate grounds.
1. The eviction is being done in retaliation for your reporting the lack of a heater to the building department.
2. You can raise the issue of habitability and since the rental of the apartment violated California law, the reasonalble rental value is therefore $0.00. That you should get a judgment for the entire amount of rent paid during the months the heater was not functioning.
If the court finds that the eviction is in retalitation, then the landlord cannot evict you for 6 months so long as you pay the rent each month.
Check with the local bar association about legal services for individuals in your position.
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