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Retaliation/rent liability for a house of six

Santa Cruz, CA |

My landlord recently issued 60-day eviction notice to our household, because the leaseholder failed to pay utilities and had a subsequent sewage problem. County inspectors noticed problems with the unit in addition to our nonfunctional sewage pump, which needed a dedicated power line (violating county codes). We tried to have the landlord remediate black mold and make repairs in the past, which he failed to do, and we fear the eviction notice is retaliatory in nature. Are we liable for rent, being subleased, for those 60 days even if we choose not to file a case? The Dept. of Consumer Affairs Handbook seems unclear on the last point.

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Attorney answers 1


Yes, you would still be liable for paying the rent, even if you chose not to file a retaliatory eviction case.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.