Q: my girlfriend and I would like to know how we should go about handling a wrongful eviction. we were served last night
so we had previously been working for our landlord as air BNB host. She agreed to pay us for our work but never did. so after a couple months we refused to pay the rent due to the fact that she didn't pay us for our work. also so has lied on the complaint filed against us stating that we agreed to pay $2000 and have our services take off 1000$ of the rent which is a complete lie. also she stated that we stopped working for her in March but it was really may.
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- California
- (916) 704-3009
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- Answered
A:
Based on the situation you've described, here are some steps you might consider taking:
1. Document everything: Gather all evidence of your work agreement, communications with the landlord, and any proof of the work you performed.
2. Respond to the eviction notice: You typically have a limited time to respond to an eviction notice. Make sure you respond within the required timeframe to protect your rights.
3. Seek legal advice: Consider consulting with a tenant rights organization or a landlord-tenant attorney. They can provide specific guidance based on local laws and your particular situation.
4. Consider filing a counter-claim: If your landlord owes you money for work performed, you might be able to file a counter-claim in response to the eviction.
5. Prepare for mediation or court: Be ready to present your side of the story, including evidence of the work agreement and any discrepancies in the landlord's claims.
6. Know your rights: Familiarize yourself with California's landlord-tenant laws, particularly those related to evictions and retaliation.
7. Consider negotiation: If possible, try to negotiate with your landlord to resolve the dispute without going to court.
Remember, withholding rent can be legally risky, even if you're owed money. In the future, it's generally better to pay rent and pursue owed wages separately.
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