Pura Puresa
New Member
- Jurisdiction
- California
In Oakland, Ca, landlord filing false Rental Agreement, changing my due date. In an UD complaint to Evict. Is that alone cause for dismissal?
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Breaking a Lease landlord trying to chg due date
- Thread Starter Pura Puresa
- Start date
army judge
Super Moderator
It depends.
If you can produce an ORIGINAL, SIGNED, DATED rental agreement you might have an argument.
However, I suspect this is about NOT being paid, or NOT being paid in full.
If payments are in arrears, or missing, that could be your undoing.
Ask yourself, why would a landlord move to evict a tenant in compliance with the lease?
Pura Puresa
New Member
Rent is up to date... It's a Retaliatory Eviction because I defended my civil rights, filed a formal complaint w/ HUD and DFEH.
Pura Puresa
New Member
Oh, also I do have original r. agreement that we signed.
army judge
Super Moderator
If you produce the original documents, argue the eviction was in retaliation for XYZ, you just might prevail.
Retaliatory eviction... I'm guessing that you know the law about that one as well including your remedies. Good luck.
Pura Puresa
New Member
Oh, please enlighten me about remedies..I need to hear positives...I have "moments"---as a result of being human.....Thank you
adjusterjack
Super Moderator
Section 1942.5 of the CA landlord tenant statute provides the following tenant remedies:
(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.
You will want to study the entire Section 1942.5 in case there is anything else in there that applies.
CA Codes (civ:1940-1954.1)
(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.
You will want to study the entire Section 1942.5 in case there is anything else in there that applies.
CA Codes (civ:1940-1954.1)
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