If your neighbors are complaining about violent behavior and lots of traffic, then perhaps you should serve these tenants with a 30 day notice to quit and get new tenants. That's a lot easier than trying to prove illegal activity. If you have a lease, you'll probably have to wait to the end of the lease to evict them. You can try to evict for illegal activity, but it's difficult.
Wow, this sounds like retaliatory eviction to me. You ARE entitled to be provided lodging by your landlord. If a landlord files an eviction lawsuit against you within 180 days of you complaining about problems in your apartment, that's retaliatory eviction.
You need a lawyer to properly defend this eviction action, and you need one right away. Proving retaliatory eviction is tricky--you can't do it yourselves.
If you didn't sign the new rental agreement, you should be fine. There are lots of defenses to unlawful detainer actions in West Hollywood, so make sure if you DO get served with an unlawful detainer action to hire a competent eviction defense attorney.
You need to call the Dublin Building Department and ask them to conduct a code enforcement inspection. Most city agencies have the power to order a landlord to make repairs. Here's the information:
Building and Safety Division
For A Safer Tomorrow
100 Civic Plaza, Dublin CA 94568 ( Map / Directions )
Phone: (925) 833-6620 Fax: (925) 833-6628
Building Official: Gregory Shreeve, Sr.
The answer is NO. You only have to allow access during business hours. Here's the statute.
(a) A landlord may enter the dwelling unit only in the
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations
or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors or to make an inspection pursuant to
subdivision (f) of...
Unfortunately, there is no such law. However, if you tell your landlord that you have been laid off, and you break the lease, what are the odds that your landlord will actually come after you to sue you for the remainder of the lease? If I were your landlord, I would not waste my time or money doing that. Break the lease, move on, and if you do get sued deal with it then. Good luck in your new home.
Once the government cites a landlord to make repairs, and then the landlord doesn't make the repairs, and then 35 days go by, and you haven't caused the problems, the landlord loses the legal right to demand, accept or retain rent. See Civil Code section 1942.4. The way the law is written, the landlord should literally take your rent out of his pocket and throw it back at you.
So, now let me any YOUR question. SHOULD you withhold rent? I would, but then I could represent myself ably in...
Likely not. Landlords have a statutory right to a trial within 20 days after you answer the Complaint. Your best bet is to hire counsel to defend you. If the defense is good, the landlord may be willing to settle with you for extra time to move and a waiver of past and future rent. This is only likely if you are represented by counsel.
If you do not file an answer to an unlawful detainer, then the landlord will obtain a default judgment against you. This takes a couple of weeks. After that, the landlord can obtain a writ of possession, which is the document that allows the Sheriff to lock you out. The Sheriff will post a 5-Day Notice to Vacate before locking you out.
I really suggest that you hire a lawyer to deal with this issue. You do not want to have a judgment for unlawful detainer on your record--you will find it...
The landlord is required to make repairs to the premises you rent. You can have it fixed yourself, and deduct it from the rent, but it would be safer to make the repair yourself and sue the landlady in small claims court for the cost of the repair.
However, realize that there is no rent control where you are, and the landlady will probably evict you for suing her. This is illegal too (it's retaliation) but sooner or later she will get you out.
You need to take your money to a place...