Ive lived in the same duplex for ten years. The last four have been a nightmare due to noise from the front tenants. I took my landlord to small claims court for his inaction about the problem, and for threatening to evict us if we keep complaining, and won. Two weeks later I received a letter from his lawyer giving me a 180 day notice, stating three reasons why, which I can prove are not true. Not interested in fighting eviction, but want to sue him again for kicking us out. I know he doesnt need a reason to end my mo to mo tenancy, but doesn't it show his retaliatory intent if he is stating falsities as reasons for ending my tenancy, as well as only two weeks after having a judgment against him? Or is it the law protects me only for 180 days no matter what his actions are? Thank you
A landlord is not precluded from giving eviction notices during the 180-day period as long as the tenancy is not terminated before the expiration of the 180 day statutory period. (Civ. Code, § 1942.5(a).)
There appears to be case law that indicates that there is a common law defense of retaliatory eviction, and that the time periods do not apply to it.
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