Legal Question in Real Estate Law in California

Retailation?

Seeking advice. Pro Per TRIAL 8/21. Family of 4,sch soon. Please help! Answer denied 11 & raised 6 defenses. Solid Case??? Clueless how to proceed at trial. Defense Questions: Habitable?-Leaky Roof & Balcony Pond 2 1/2 yrs, nvr fixed; Retailate? Refuse to give up 1/2 our bkyrd (battle for mths).City Code enforce backfires formally tells landlord that all plans/permits must be puled prior to chg fence/prop lines. She was furious, served us. Discrim? Wants kids out.(2 new tenants told me) Discrim and Unfair practices? Collects child supp(w/$back) & Hud pmts but refuses our partial pmt from assist. co, 30 day- 13 days after.Discrim? Recinded deduction of last fm sec deposit, done w/others. Too many arguments, but Do we have a case? Anything solid? If so, lease has clause, ensuring you pmt upon winning. Interested ? No, then perhaps you could suggest settlement ideas or options judge may honor. I have endured 6 mths of harrasment, planned to move, packed, then surprise,husband lost his job of 1 1/2 yrs. We're devasted, literally exhausted defending this case, and financially broke. Of course that's today, not tomarrow. Your guidence/direction would be greatly appreciated. Thank you.


Asked on 8/18/02, 8:40 am

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Retailation?

You have left precious little time to do much.

Your case is complex and you probably have good defenses. Proving them in a courtroom, though, is another matter. Not much can be done for you in this forum.

I note your zip code places you in Orange County. I would go immediately to legal aid and attempt to get representation. You will probably qualify. You can probably get a continuance of the trial date for the purpose of obtaining legal counsel if you deposit the rent for the period of the delay into court. I assume from your question that you are section 8, therefore, you should need to deposit only your portion of the rental payment.

Have you notified HUD of the change in your family income status?

Good luck.

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Answered on 8/18/02, 10:18 am


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