I have been served with a 60 day eviction notice. It is to my understanding that the dwelling I am currently occupying would be considered uninhabitable due to a lack of adequate heating facilities. Furthermore after reviewing the California Tenant hand book I believe my land lord to be in violation of the Implied Warranty of Habitability. I have been living in a house for almost three years without any heating facilities provide by the land lord. I am now facing eviction during a trying time and am looking for guidance.
Thank you for your time and consideration.
The habitability violations would not be a defense to an unlawful detainer based on a 60-day notice, but would have some bearing on the amount of damages the landlord could recover if you failed to honor the 60-day notice. However, if the 60-day notice was served to retaliate against you for making complaints, then you may well have a defense of retaliatory eviction under Civil Code Section 1942.5, and it is possible that you may have other defenses depending on the facts (e.g. whether the notice was properly drafted and served, and whether your tenancy is subject to an eviction control ordinance).
You should promptly consult a local landlord-tenant attorney to get a more complete idea of your legal rights and options, including possible damage claims against the landlord for nuisance, tortious breach of the implied warranty of habitability, etc. Many attorneys offer a free initial consultation.
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