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The house I rent had a flood due to a faulty water purifier…

Customer Question
The house I rent...

The house I rent had a flood due to a faulty water purifier the landlord installed. I immediately let landlord know. That is when our problems started. My landlord has been stalling on repairs by sending multiple people in to give estimates on repairs. My main request was to test for mold as I have 3 children in home. This was over a month ago. 2 days ago she mailed me an unlawful detainer...full of lies. I cant afford a lawyer. Help me please.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Fullerton california

Lawyer's Assistant: Has anything been filed or reported?

I'm not sure. The paperwork I received is full of mistakes and untruths. for instance the plantiffs name is ***** ***** but it is checked that she is not the plantiff and then signed by her daughter.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Its so complicated because of so many errors on her paperwork. Very confusing.

Submitted: 5 months ago.Category: Legal
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Answered in 40 minutes by:
11/22/2017
Lawyer: Bill Attorney, Lawyer replied 5 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,020
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Dear Customer ,

Thank You for posting your landlord-tenant law question today. I'm attorney Bill offering assistance and support. I'm sorry to hear the difficulties that your tenancy and landlord is making for you.

The flood damage and the landlord's interference with your possessory rights in making the repairs and then the eviction proceedings are likely to be illegal under Californian landlord-tenant law.

Landlord retaliation in issuing eviction proceedings to tenants who demand their tenant rights be upheld is illegal and you could have a case for a retaliatory eviction suit int he civil court.

California Civil code provides the follow stipulation of law:

"

1942.5.

(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:

(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.

(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.

(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.

(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.

(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.

In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.

(b) A lessee may not invoke subdivision (a) more than once in any 12-month period.

(c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory.

(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.

(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.

(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."

Hence, you may have a case for unlawful eviction, breach of the implied warranty or habitability in California, and interference of the landlord with your tenant rights due to his frequent entrance during the water repair works.

You can also file this as an answer with the court to the landlord's unlawful detainer suit as a full defense.

Please follow up with me if you require additional assistance.

We are here to help.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

I'm an independent legal expert and rely on your positive feedback to get a credit.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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