Ladera Ranch, CA asked in Landlord - Tenant and Sexual Harassment for California

Q: My landlord said he would deduct money from what I owed him in exchange for oral sex. Do I have a case against him?

Now he says, "he no longer wants to rent the property and I have 60 days to get out. However, the other male roommate that lives here has not been evicted. I live in a house with two men and one is the sub leaser/landlord. What can I do to give me more time to find a place to live? How can I fight back?

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

A: Under California law, proposing to exchange rent for sexual favors can constitute sexual harassment and is illegal under the Fair Employment and Housing Act. You may file a complaint with the California Department of Fair Employment and Housing (DFEH). Regarding the eviction notice, if you have a lease, the terms of the lease must be followed. If you are a month-to-month tenant, California law generally requires a 60-day notice if you have lived in the unit for more than one year, which it seems you have been given.

However, if you believe the eviction is retaliatory or discriminatory, you may also have defenses against the eviction. Documentation of all interactions with your landlord can be crucial. It's recommended to consult with an attorney who can provide legal advice based on the specifics of your situation and help you assert your rights. Legal aid organizations may also offer assistance if you are unable to afford private counsel.

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