Legal Question in Real Estate Law in California

Re: Unlawful Eviction

You may have a case for retaliation. This is hard to prove as a defense. I suggest you confrim in writnig all of the problems with your unit and send it certified mail. Also, notify the health department by certified mail of your problems. If you get served with an eviction lawsuit, contact me for help.

Re: Unlawful Eviction

It sounds as though you got off on the wrong foot with the landlord. First, with respect to a "torn drape," this is not necessarily a defect requiring the landlord to correct it, as it is cosmetic. And, if the drape became torn while you were renting the unit, you could be held responsible. Likewise with the screen; if you or someone living in your unit caused the screen to be bent, then even though the landlord may replace it, he can charge you for it if it can be attributed to you. With respect to the sink being clogged, the landlord has more responsiblity here; he must take care of the problem in a reasonable period of time, and what is reasonable depends upon other factors. Again, however, if he believes that you caused the clog through negligence, etc., he can seek to hold you responsible.

If you believe that the landlord is gong to evict you in retaliation for your complaints, if served with an unlawful detaenr, you can state that as an affirmative defense. However, be aware that this is difficult to prove.

Re: Unlawful Eviction

First, it depends on the rental agreement you have. If you have a long term lease, then the new landlord may be unable to evict you until the end of the lease, if not, the reality is that the landlord may give you a 30 day notice to move out. If he gives you any less notice than this, then the eviction would be illegal. After getting the thirty day notice you will get a five day summons. If you answer, you will get a notice of trial. So long as you hand the keys over before trial, the court is not supposed to enter a judgment of unlawful detainer against you. The defense of breach of the warranty of habitability almost never works. Your better course of conduct would be to move out within thirty days then sue in small claims for breach of the warranty of hab.