1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

landlord trying to chg due date Breaking a Lease

Discussion in 'Other Residential Landlord & Tenant Issues' started by Pura Puresa, May 4, 2016.

  1. Pura Puresa

    Pura Puresa Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    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?
     
  2. army judge

    army judge Super Moderator

    Messages:
    33,795
    Likes Received:
    5,476
    Trophy Points:
    113


    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 likes this.
  3. Pura Puresa

    Pura Puresa Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Rent is up to date... It's a Retaliatory Eviction because I defended my civil rights, filed a formal complaint w/ HUD and DFEH.
     
  4. Pura Puresa

    Pura Puresa Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Oh, also I do have original r. agreement that we signed.
     
  5. army judge

    army judge Super Moderator

    Messages:
    33,795
    Likes Received:
    5,476
    Trophy Points:
    113

    If you produce the original documents, argue the eviction was in retaliation for XYZ, you just might prevail.
     
    Pura Puresa and Michael Wechsler like this.
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,172
    Likes Received:
    622
    Trophy Points:
    113

    Retaliatory eviction... I'm guessing that you know the law about that one as well including your remedies. Good luck.
     
    Pura Puresa likes this.
  7. Pura Puresa

    Pura Puresa Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Oh, please enlighten me about remedies..I need to hear positives...I have "moments"---as a result of being human.....Thank you
     
  8. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,195
    Likes Received:
    2,963
    Trophy Points:
    113

    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)
     
    Michael Wechsler and Pura Puresa like this.

Share This Page