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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33726
Experience:  Attorney for over 15 years, landlord 26 years
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My landlady has terminated my rental agreement because of a

Customer Question

My landlady has terminated my rental agreement because of a dispute over a repair I paid for and then tried to deduct from my rent. She sent me a 3 day notice to pay the balance or quit the apartment. I sent the check. She has now given me 60 days notice.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 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.

Expert:  barristerinky replied 5 months ago.

Can you tell me what state this is in?

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What is your legal question that I can help with tonight?

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thanks

Barrister

Customer: replied 5 months ago.
California. The lease was month to month, and 60 days is normal. But it's in retaliation for trying to get her to pay for the broken lock on my door, which I had to repair. I did try to call her but when she was not available I called a locksmith.
Expert:  barristerinky replied 5 months ago.

Ok, if she has retaliated against you for exercising your legal rights to repair and deduct if the door lock was broken and she wouldn't fix it, then that is illegal under CA law and you can use that as a defense to any eviction action. See CA Civil Code 1942.5.

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The law presumes that any type of negative action taken against a tenant within 180 days of a tenant exercising their rights and would give you the right to countersue the landlord for punitive damages and:

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(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. (g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney's fees to the prevailing party if either party requests attorney's fees upon the initiation of the action. (h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.

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So if she actually tries to evict you through the courts, she is opening up a whole can of worms she isn't going to be ready for..

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thanks

Barrister

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