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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33703
Experience:  Attorney for over 15 years, landlord 26 years
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I am getting evicted because my landlord wants to get

Customer Question

I am getting evicted because my landlord wants to get someone who can preform repairs on the house. He asked me to do some plumbing and I am not experienced. We still have not reached our lease term. Is this legal and should I pursue legal action.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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1. Can you tell me what state this is in?

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2. Are you still under a written fixed term lease?

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3. What are the grounds the landlord is trying to evict you under?

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4. What is he saying you did to breach the lease?

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5. Did he give you any written notice of the breach and a certain amount of time to correct it?

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6. Are you current on the rent?

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thanks

Barrister

Customer: replied 9 months ago.
1. California
2. 1 Year lease, Expires May, 28 2016
3. He asks me to perform repairs that I have no experience to perform. This morning the toilet that he "fixed" last month started flooded our floor and some carpet in the hall. He wanted me to buy tools, take the parts disassembled to the hardware store and perform the repair (After a 12 hour work day) I called him and he blew up on me and said "i need someone who can perform repairs, you are evicted in 30 days. Im coming tomorrow to do this repair."
4. I cannot perform repairs on his house that is very under maintained.
5. No
6. Check in mail today.
Expert:  barristerinky replied 9 months ago.

Ok, rest easy because he can't legally evict you for not doing work that is his legal obligation to perform. In fact, if he tries, that gives you legal grounds to sue him for retaliation and seek punitive damages for his actions.

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So he is just blowing smoke and he can't force you to vacate prior to your lease end date as long as you pay the rent on time in full and don't violate any of the terms of the lease.

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And you have the right to call the local Code Enforcement or Housing inspector to come out and inspect if he isn't properly maintaining the dwelling so that it causes any health or safety problems (i.e. sewage back ups).

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thanks

Barrister

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