I received a 3 day notice to pay rent or quit for last months rent
I now received a summons from santa clata courts to respond (in 5 days) to pay rent.
I have paid my rent on the first every month. The bank automatically does this.
As a mater of fact a couple of months a go the landloard stated he did not receive that months rent. I cut him another check. He then cashed both checks and refuses to pay me back one months rent he owes me.
I am one of three elderly, low income with medical issues he has sent notices too.
Each of us has lived here from 5 to 8 years.
We all know how much the rents have increased in santa clara valley.
The other 2 residence at this apartment are younger, working and not health issues are not being harassed.
Can I claim
1) discrimination of low income, elderly and
2) by demanding possession of property in this manor violate rent control and eviction control ordinances for the county of Santa Clara, California?
Regardless of what defenses you may have, you need to file a timely response to the lawsuit with the court, or you may be evicted without a trial.
It may be simplest to file the standard Judicial Council fill-in-the-blanks unlawful detainer answer, which will allow you to deny any allegations made in the complaint which you believe to be untrue (e.g. that you were behind in rent), and to assert any appropriate affirmative defenses which might be appropriate.
If you are low-income, there is also a form you can file asking the court to waive the filing fee.
You should also try to get assistance from a local tenants rights organization, senior organization, etc., or hire a local landlord-tenant attorney.
Unfortunately, however, I don't believe that Santa Clara has rent control. You may wish to consider moving to one of the cities that does, and get on the waiting list for one or more of the local subsidized senior housing complexes.
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