Based on a retaliatory eviction case what is considered a retaliatory act ?will a 3 day notice and UD be considered retaliation

Asked almost 3 years ago - Rancho Santa Margarita, CA

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case of UD based on retaliatory eviction and what can it be considered retaliatory acts for calling fair housing and excercising our rights?

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when I did not agree with LLord to the amount of compensation she was providing for the temporary relocation I called fair housing and she provided me with the california civil codes in which is stated that llord needs to pay for lodging and meals since we were not going to have access to a kitchen. she then served us w/ 3 day notice and since we did not vacate the premises she then filed a UD in her demand for temporary relocation she was also asking that we do not enter the unit at all and if we did we would forfeit our lease.

Attorney answers (2)

  1. Licensed in CA

    Pomona Real Estate Attorney
    Contributor Level 15

    Answered August 16, 2010 23:16. All of the things you described can be retaliatory acts. They are acts which are taken in retaliation to an exercise of a tenant's right such as filing complaint with fair housing. But the trick is to prove the acts were carried out with retaliatory intent.

  2. Licensed in CA

    Pro

    Sherman Oaks Landlord / Tenant Lawyer
    Contributor Level 15

    Answered August 17, 2010 06:10. Service of an unlawful detainer action can be considered retaliatory depending on why it is served on you. If the unlawful detainer action was served on you because you asked for repairs to be made, then, yes, it's retaliatory. If the unlawful detainer action was served on you because you were organizing tenants, then yes the unlawful detainer action is retaliatory. If the unlawful detainer action was served on you because you called Fair Housing, then, yes, the unlawful detainer action is retaliatory.

    That doesn't mean the unlawful detainer action goes away though. You need a lawyer to successfully mount this defense in court. Most non-lawyers cannot pull this off.

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