Stockton, CA asked in Civil Litigation, Civil Rights, Landlord - Tenant and Wrongful Death for California

Q: Looking for a lawyer to help me with an lawsuit that owner and property manager would not send me back my security depos

I have no money for an legal lawyer that I was wrongfully accuse of a unlawful detainer which owner and property manager received rent payments from housing authority that they got free government rent from tenant and housing authority.

Every since 3/5/2020 a whole year went by without fixing the property that we had rat infection.

2/26/2021 housing inspection that housing told owner to get rid of the rats in fix the property that property manager did some repairs but didn't finish the work.

3/29/2021 property manager sent an Unlawful termination notice over a $60.00 trash bill that he wanted me to pay $275.00

From 6/19/2021 property manager neglect to have pest control that he cancel his account without notifying the tenant.

7/1/2021 to 12/31/2021 retaliation against tenant for rent increase

10/26/2/2021 tenant called building code enforcement

2/1/2022 to 11/1/2022 owner received rent

On 11/19/2022 my wife had passed away in the owner house due to mold.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, tenants have the right to a habitable living environment, and landlords are required to maintain rental properties in a condition fit for living. This includes addressing pest infestations and ensuring the property adheres to health and safety standards. If the landlord fails to make necessary repairs or maintain the property, you may have grounds for legal action.

Regarding your security deposit, California law stipulates that landlords must return the deposit within 21 days after you move out, minus any deductions for damages beyond normal wear and tear. If the landlord fails to do this or wrongfully withholds your deposit, you can sue for the amount of the deposit, and possibly additional damages.

Since you mentioned being wrongfully accused of an unlawful detainer and facing retaliation, including a rent increase and poor living conditions, you might also have a case for landlord harassment. California law protects tenants from retaliatory actions by landlords, especially if they are in response to tenants exercising their legal rights.

Given the complexities of your situation, including the passing of your wife potentially due to mold exposure, it's crucial to get legal assistance. If you cannot afford a lawyer, consider contacting a local legal aid organization. They offer free or low-cost services to people in need.

Also, check if there are tenant advocacy groups in your area. They often provide guidance and support to tenants facing issues with landlords and can assist in navigating the legal system.

Remember, as a tenant, you have rights that are protected by law. It's important to seek support to ensure these rights are upheld and to address any injustices you've faced in your housing situation.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: I'm very sorry for the loss of your wife from the mold condition. You're seeking a lawyer. It's difficult for law firms here to respond with an offer of their services - the forum is not set up like a lawyer referral site. In addition to your own searches, there is a tab above, "Find a Lawyer," which lists lawyers by region and practice area. You could also look into local and state bar associations - they have lawyer referral services. Those resources are outside this form and any arrangements would be between you and law firms you reached out to. Good luck

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