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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38241
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I have been served two eviction notices after complaining that

Customer Question

I have been served two eviction notices after complaining that my unit was uninhabitable. Rainwater flooded a portion of my front room from the bottom of my patio door, being the existing waterproof caulking was so old. The garbage disposer was rusted and didn't work. The sink drain was rusted and corroded and the water leaked from the hole created in the pipe onto the cabinet floor. The toilet valve was broken and had to be replaced.
I have contacted several agencies complaining about various other problems and am waiting to hear from management letting me know when they intend to take care of these problems. I told management that I believe the eviction notices were served as retaliation for the work done. If they give me another eviction notice can I sue? and still stay in my senior housing apartment.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,Cal. Civil Code Section 1942.4 provides a tenant with the right to avoid eviction, and sue for up to $5,000 under the conditions you allege. You can sue in small claims court, or you can hire a lawyer, and the landlord will have to pay your attorney's fees. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!