San Francisco, CA asked in Landlord - Tenant, Contracts, Civil Litigation and Civil Rights for California

Q: management is suing me for costs and lawyer fees for a cash for keys they made to a squatter that I was already evicting

It’s a rent controlled apartment and I’m a senior. Squatter was being investigated by FBI but property management chose to reward criminal behavior with $7g and run up $7g in attorney fees, while I was in the eviction process when forcible detainer eviction (civil code 1160) was a clear option. Though I assisted 100% lawyer ignored please to negotiate. Further, property owner and Plaintiffs have tried evicting me earlier but lost. Interested to know if there opportunity to counter sue with civil and housing rights violations plus harassment, elder abuse, ethnic discrimination, operating bad faith with negligence, and conflict of interest as plaintiff lawyer serves on sf rent board. Defending pro per with default judgement set aside due to plaintiffs legal shenanigans but ready to to lawyer up and counter attack.

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

A: In California, tenants have rights under various laws, including those protecting against harassment, discrimination, and unfair eviction practices. Given your situation, including being a senior in a rent-controlled apartment and facing what appears to be aggressive legal action from property management, you may have grounds to assert your rights. If you believe you have been subjected to harassment, elder abuse, ethnic discrimination, or other improper actions, these could form the basis for a counterclaim. It's also relevant that you've mentioned potential conflict of interest and bad faith actions by the plaintiff's legal representation.

Considering the complexity of your case, which involves rent control regulations, possible violations of civil and housing rights, and elder abuse laws, seeking legal counsel is advisable. While defending pro per has allowed you to set aside a default judgment, the intricacies of your situation—especially with the potential for counter-suing on multiple grounds—suggest that professional legal representation could strengthen your position. An attorney with experience in tenant rights, elder law, and discrimination could offer strategic advice and help you navigate the legal system more effectively.

Engaging a lawyer also opens the possibility of exploring all legal avenues for defense and counteraction, including negotiating settlements or taking the matter to trial if necessary. Given the allegations of operating in bad faith and negligence, along with a potential conflict of interest on the part of the plaintiff's lawyer, having your own attorney could provide a critical counterbalance. Legal support might also help in documenting and presenting evidence of the claimed harassment, abuse, and discrimination, which are serious accusations that the court will consider carefully.

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