What to o about a retaliatory eviction?

UPDATED: Aug 9, 2012

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What to o about a retaliatory eviction?

After calling the state housing and community development to complain about an park issue that posed a serious health and safety issue, and subsequent to the park receiving said violation, I was given an eviction notice within 7 days of the violation being given to management. I have so much evidence of harassment; it’s like this owner wants to be sued. I have incriminating letters by management. I am working on my UD answers before being served; expected in about 3 weeks. I need assistance so I can ensure I get all the money owed to me and it’s substantial.

Asked on August 9, 2012 under Real Estate Law, California


Ganette Genetti / Ahluwalia Law Professional Corporation

Answered 10 years ago | Contributor


Understand that there are two separate issues.  The first issue is that retaliation is an affirmative defense to an unlawful detainer.  If you prove that the landlord was retaliating against you, then you cannot be evicted.  The next issue will be damages.  If you can show that you incurred costs for being falsely evicted, then you may be able to recover compensation in a separate lawsuit.


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