Skip to main content

Is this a California small claims law retaliatory eviction issue?

Riverside, CA |

In California Is this a Retaliatory 30 NOTICE? The court found the 3 day notice to pay or to quit to be without merit and the owner conceded rent was never in arrears. The very same day the 3 day notice to pay or quit case was dismissed by the court a 30 NOTICE was then served. Again, no rent is due. These notices are all generated by the homeowner. I have no contact or contract with this out of state homeowner. I am an authorized month - month Subtenant. The master tenant has an active, valid lease with 5yrs remaining and never a deliquency or ever any lease breach issues. Is this considered a retaliatory eviction since the only problem noted was my defense of the (bogus) 3 day notice to pay a nonexistent debt?

Attorney Answers 3

  1. Best answer

    Contact an attorney to go over the facts of your case. There might be money damages that you're not seeing which may keep the case out of small claims. Small claims court is for cases with damages of $10,000 or less.

  2. It could be retaliatory. You are going to have to consult with a local landlord tenant attorney who can review your specific facts.

  3. As my colleagues have stated, this could be retaliatory. Speak with BOTH a civil trial lawyer as well as a landlord-tenant lawyer. You may get differing opinions on what is going on.

    Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics