Legal Question in Real Estate Law in California
I recieved a notice to vacate yesterday taped to my door. I filed an Answer to the Unlawful Detainer I recieved but missed the trial date. The landlord and proerpty management have harrased me since I moved in in April. Is there anyway I can turn this around. I don't want to stay here because our apartment and whole building is filled with mold from flooding and plumbing issues that they tried to conceal. I started packing and cleaning the other day and put my hand through a portion of drywall in my bedroom that was saturated and me, my fiance and our cat are very ill. Please Help!
2 Answers from Attorneys
I assume from the facts that you are less interested in fighting eviction (which seems inevitable at this point) than in seeking damages as a remedy for unhealthful conditions. There are lawyers who advertise handling "toxic mold" cases, and although I have heard others say these cases are hard to win, apparently there is a sufficient success rate to keep these attorneys going. So, my suggestion would be to check Yellow Pages ads or on-line for toxic mold (or similar) specialist. Consider getting the place looked at before you lose possession and perhaps try to get a contingency fee arrangement.
It is always a very big mistake to miss a court date. If you have a VERY good excuse, you can file a motion to vacate the judgment and reset the case for trial, but the time for doing that is VERY short. So you need to act TODAY.
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