California says withhold and deduct, I did that and turned in receipts in lou of rent.

Asked over 2 years ago - San Bernardino, CA

my rent is $ 595.00 I spent in excess of 1,400.00 on the infestation problem, I have copies of all notices and emails sent and received, I have pictures to show bites to body, statements from other tenants with the same problems and different problems all having to do with habitable conditions, most are afraid to take landlord and manager on in court in fear of retaleation, I paid 150.00 for jury and have trial rediness may 24th and trial set for may 29th, I have recorded conversations taken in common area's and at my front door all in which I was a part of the conversation, I really need some advice on how to introduce evidence to the court during trial. I can not afford an attorney at the moment.

Additional information

This was what I did, I gave notice to the manager not once, but "three" times all being 30 dqay notice of withhold and deduct, they did nothing, and problem was get worse, so I had the repairs done, and turned in the receipts and deducted from rent payment. my rent is due on the first of every month, and they served me on the 2nd a three day notice to npay rent. this is a retaleation eviction

Attorney answers (2)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19

    1

    Lawyer agrees

    Answered . you can't use recorded conversations between two people recorded in CA without all parties consent. I ti a criminal offense. Go to legal aid but you need an attorney to present your best case.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . This does appear to be retaliation, and would be suitable for a jury trial.

    Unfortunately, asking for a jury trial will significantly delay going to trial, so it may be hard to predict when you will actually commence trial.

    The plaintiff's case in chief is going to be pretty simple if it is based upon failure to pay rent. You will probably need to subpoena witnesses to testify as to the condition of the rental dwelling. You need the other tenant's live testimony to bolster your case.

    The recordings will not be admissible evidence, but the photographs will if you lay a proper foundation. Your testimony will be sufficient to authenticate these photographs as depicting whatever you intend for them to show.

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

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