San Jose, CA asked in Criminal Law and Landlord - Tenant for California

Q: Can a landlord kick me out/ get a restraining order for withholding my rent ?

My landlord removed my things while I was gone, she took some of my property, there’s no hot water, the showers are clogged, they constantly lock the doors so I Can’t use the restroom, my door is broken and also my window, her son assaulted me and my boyfriend

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED

A LANDLORD HAS TO GIVE 3 DAY NOTICE AND THEN FILE AN UNLAWFUL DETAINER THAT GIVES YOU 30 DAYS TO ANSWER.

CONTACT LEGAL AID IN YOUR COMMUNITY OR A LOCAL LAWYER THAT MAY GIVE A FREE CONSULTATION.

Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear about this. Per Civil Code 1941, the LL has to provide you a habitable dwelling. This requires them to fix all the problems you listed. The remedy is called "Rent Abatement" and you can request it for both past rent and future rent (until the problems are fixed) in Small Claims. But you better have a Tenant's rights attorney provide you with a legal brief for the judge.

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