Legal Question in Real Estate Law in California
Can tenant be re-evicted? Can they make the Landlord fix the problems?
Landlord refuses to fix habitability
issues, Tenant refuses to pay rent
until those are fixed. Landlord files
UD, loses after overstating rent.
Lease expires and is also forfeited in
trial at the request of Landlord.
Landlord still has not fixed problems
but now Tenant can't move because
Landlord has tarnished their credit
report. There is no month-to-month
lease since no new rent was paid at
the end of the expired lease.
Does the landlord have any legal
right to try to evict again? How can
the tenant get the Landlord to fix the
problems or if the Tenant fixes them
in order to continue living there what
effect if any does that have on the
situation? Trying to help this elderly
family who are stuck in this mess.
1 Answer from Attorneys
Re: Can tenant be re-evicted? Can they make the Landlord fix the problems?
Refusing to pay rent over habitability issues wasn't the right thing to do. There are provisions in the law that would allow a residential tenant to, after going through a very specific procedure, withhold rent and pay for the repairs themselves. You must first be sure these are actually habitability issues - that area of law is not as broad as most people think it is. Cosmetic issues are not habitability. The landlord lost over an issue not related to the question of habitability (from what you posted), so there is no question he can refile his complaint and evict them. Lease or no lease is irrelevant. To force the landlord's hand, have them contact the local building official to complain about the condition of the apartment. You might also consider contacting the local housing department and file a complaint for habitability and age discrimination (if there are facts to support that). If they are older, you can also contact the County Agency on Aging for advice. They may have access to free legal resources through that agency.
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