After reporting code violations of the landlord, he announce that I had to leave.

Asked almost 2 years ago - Moreno Valley, CA

The code violation were promised to be fixed, but from 2010 they have not been fixed. So now after the reporting the code violation he wants me to move.

Additional information

On the retaliation issue, the landlord received the violation notice on Oct 2, 2012. He demanded a re-inspection and it was granted on October 9, 2012 and on said date, the inspector, the owner, the landlord and me conducted a full inspection. After the inspection the landlord (not the own) announced that I had 5 days to move out. He also added that he would not renew the lease, which was month to month verbal, after a 1 year rental agreement, and 2 6 month rental agreements (the last he said it was month to month) and finally no written contract at all.

Attorney answers (4)

  1. Kevin Lewis King

    Contributor Level 14

    6

    Lawyers agree

    Answered . Taking action to evict a tenant within 180 days of the tenant engaging in protected conduct (such as making habitability complaints) may be considered retaliatory under Cal Civ Code § 1942.5. (a) and, if deemed retaliatory, is a complete defense to an Unlawful Detainer action.

    Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM, 415-562-6862. The information presented... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . The landlord's action might constitute retaliatory eviction. However, there aren't sufficient facts in your post, including the timing of when you reported the code violations, to ascertain whether or not this is so. For general information on retaliatory eviction, see:

    http://www.dca.ca.gov/publications/landlordbook...

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . My colleagues are correct that, based on your presentation, this might be a retaliatory eviction. However, you should consult with a local landlord tenant attorney for a more thorough review of your particular facts and circumstances. Good luck.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  4. Marcus William Morales

    Contributor Level 13

    2

    Lawyers agree

    Answered . Retaliatory eviction might be in play here. Call a landlord tenant attorney for a free consult.

    www.marcusmoraleslaw.com

    All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied... more

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