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

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.

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

Posted

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/retalitory-actions.shtml

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

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 here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or another qualified attorney off-site.

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Posted

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 licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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Posted

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 on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.

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