Tarzana, CA asked in Appeals / Appellate Law, Real Estate Law and Landlord - Tenant for California

Q: Will I win an eviction appeal?

I was renting a guest room that was attached to the house with its own entrance. I paid rent for three months. I stopped paying rent and the landlord served me with an unlawful detainer. I had LADBS inspect the room and the landlord got an order to comply with needing permits for the work added to the room and certificate of occupancy calling it an adu. This was an existing room of the main house they just added its own private entrance with a small kitchenette, no stove just a sink and cabinets. I didn't have the order to comply letter at the original trial and lost. I only complained that the room had bug infestations and it was unsafe but I had no proof for any of these I got the order to comply letter a day after and tried to get the judgment set aside by complaining of no certificate of occupancy but the judge denied my request based on civil code 1942.4 and I was evicted by the sheriff 1 month later and the housing dept closed my case. I believe my appeal is untimely.

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

A: Short answer: not likely. Appeals are based on the record, not new evidence. It sounds like you had yourself as your own attorney and did not seek legal counseling prior to trial, a big mistake. Then you went to trial unprepared to provide the evidence of your claims, you cannot prevail at trial unless you present the evidence, second big mistake. The good news you don't have to live in an unpermitted, bug infested room.

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