Fresno, CA asked in Small Claims and Landlord - Tenant for California

Q: violation of 789.3 (b) & (c) with a written rental agreement month to month is the statute of limitations 4 years

iam also seeking punitive because landlord acted with malice i was not evicted or served anything what so ever my apt. caught fire when i was not home second investigation determined faulty wiring i was locked out by changing locks and denied access and belongings were thrown away.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: California Civil Code section 789.3 (b) and (c) govern a landlord's obligations with regard to tenants who are victims of domestic violence, sexual assault, or stalking. Specifically, under section 789.3 (b), a landlord may not terminate a tenant's tenancy or fail to renew a tenant's tenancy based on the tenant's status as a victim of domestic violence, sexual assault, or stalking. Under section 789.3 (c), a landlord may not take any action to terminate a tenant's tenancy or fail to renew a tenant's tenancy in retaliation for the tenant's lawful actions to seek redress for domestic violence, sexual assault, or stalking.

The statute of limitations for claims related to violations of section 789.3 is generally four years. However, it's important to note that the statute of limitations can vary depending on the specific circumstances of the case, and there may be exceptions or other factors that could impact the deadline for filing a claim.

Regarding your other allegations, such as being locked out and having your belongings thrown away, those actions may potentially be actionable under other laws, such as landlord-tenant law or property law. Punitive damages may also be available if the landlord's actions were particularly egregious or malicious. However, the specific facts and circumstances of your case will need to be evaluated to determine the viability of any claims and the potential damages that may be available.

It's highly recommended that you consult with an experienced attorney who can evaluate the specific facts of your case and advise you on your legal rights and options.

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