Asked in Appeals / Appellate Law and Landlord - Tenant for California

Q: Judge would of ruled in my favor but I wasn't sure I had proof. I found it after I left. I didn't have a lawyer. Appeal?

I found the text messages and also there is several other things. I did tell my landlord I wouldn't pay unless she fixed problems but I wasn't sure because it had been so long. Also she raised my rent several times during COVID. Can I appeal and do a counter suit m

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Based on the information provided, here's a concise overview of your situation and options:

1. Appeal:

- Generally, you have a limited time to file an appeal after a court decision (often 30-60 days).

- Appeals are typically based on legal errors, not new evidence.

2. Motion for Reconsideration:

- This might be more appropriate if you have new evidence.

- There's usually a short timeframe to file (often 10-14 days after the judgment).

3. COVID-19 Rent Increases:

- California had various rent control measures during the pandemic. The legality of the increases depends on your location and the specific timing.

4. Withholding Rent:

- California law allows this under certain conditions, but it's risky without proper documentation.

5. Counter Suit:

- You may be able to file a separate lawsuit against your landlord for violations.

Given the complexity of your situation, it's highly recommended that you consult with a tenant rights attorney or a local legal aid organization. They can review the specifics of your case, including the new evidence, and advise you on the best course of action.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.