Visalia, CA asked in Civil Rights for California

Q: i own a mobile home in visalia and am having issues with the management and feel like i am being discriminated against.

i signed a 10 yr lease to rent the property, and am constantly living in fear that me and my children are going to be put out. i have never been late paying my rent in the 6 yrs that we have lived here. they continue to harass me and are constantly threatening me to take my rental assistance and to evict me for merely speaking my mind.

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1 Lawyer Answer

A: So I will redo your question if that's okay because what you seem to be asking is not about discrimination, but about landlord-tenant relations.

Discrimination in housing would be, for example, if they will not rent to Black people, or gay people, or old people, because those groups are in the law what we recognize as protected groups under the Constitution. So (1) you must be a member of a protected group to sue for discrimination, whether housing or employment, in California. And then that protected group of which you are a member must be treated differently (in a bad way) by the landlord like, as I said, if they won't rent to a certain group because of prejudices and discrimination based on that protected group's category. If you do feel that you are a member of a protected group and you can prove that the landlord treats the members of your protected group different than other groups in his leasing of property or relations with tenants, then you need to pursue a claim under FEHA, the Cal. Dept. of Fair Housing and Employment. You need to speak to an attorney ASAP because there are strict time limits to any claims you would make.

I think what you are talking about is in the California Civil Code under landlord-tenant relations. The Cal. Civil Code sets out many rules regarding landlord-tenant relations. It is a huge area and goes quite a way under the titles "Hiring of Real Property." Most of the protections are for residential tenants, not commercial. Commercial tenants have different law, and not the protections that residential have. In other words, it does not apply to businesses, only homes. For example, if the landlord won't fix the heater that has been broken and it's cold out or hire an exterminator for a problem with bugs, or they are coming into the property without notice when you are gone, there are lots and lots of remedies for the tenant to pursue the landlord. For instance, section 1940.2a3 says if the landlord cannot try to make you move out by  "Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person." Section 1927 is what gives a tenant "quiet enjoyment of the premises" as in "A wo(man)'s home is h(er) castle" so to speak. So if they are tormenting you to get you to move out, in other words, yes, you can and should sue them ASAP. Talk to an attorney.

If you can say what you believe are the real issues and what is the cause for your "living in fear that me and my children are going to be put out" like what facts you have that makes you think that, then I could answer you better. Tenants have many protections under the Code.

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