Legal Question in Real Estate Law in California
Fari Housing Question
I am subletting a room (with permission from the landlord) and found out out in the last few months that the girl was actually pregnant, convicted of two DUI's and has been stealing from me and the other roommates. She is on a 60 day notice lease, and I also had her sign an adendum stating she would not steal our stuff and would do her cleaning chores on a certain day, and if she broke it I could evict her, and she would have to move out with in 48 hours. She signed this adendum which she has broken. I gave her her 60 day notice because she kept takign our stuff, wasn't cleaning, and lied to us. She has now filed a complaint against me with the Department of fair housing, claiming I am discriminating against her because she is pregnant. I am not ending the lease because she is pregnant, but because she lied, and contunues to take our stuff. Am I screwed?? What do I do? How do I protectct myself!!?!?!
2 Answers from Attorneys
Re: Fari Housing Question
Well I think just becasue she filed a complaint with DFEHA, does not mean she has a case. Also, you are trying to evict her for a good reason, not because she is pregnant.
Re: Fari Housing Question
She sounds like she has experience at this. She probably knows it is difficult to override laws based on your agreement that you could evict her, which probably make most of that agreement ineffective. Also, she knew to make a complaint to fair housing not simply to get you in trouble, but because after such a complaint, the law makes a presumption that your eviction is "retaliatory", which could result in you losing if you try go to court and evict her. She did the complaint as a preemptive strategic move against your ability to evict her. It is difficult to get around that presumption of "retaliation" during an unlawful detainer action. I have dealt with evictions of very difficult people, including activists, and have experience in such matters. Let me know if you are serious about hiring an attorney.
Best,
Daniel Bakondi, Esq.
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