<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Actually, IAAL, I'm going to disagree with you. There's a first time for everything! 
I think the landlord's termination notice is legally retaliatory. Landlords can't evict someone OR terminate a month to month tenancy within a certain time after a tenant files a complaint against L or tries to make L meet the lease obligations. The penalties for retaliatory eviction are pretty severe. Here, since your complaints started before L gave you notice, L can't terminate the lease. (L can terminate the neighbors' lease, since L approached them about their noise level breaching the lease before they made any kind of complaint.)
Go see the local tenant's rights association and ask for a copy of the residential landlord tenant act. Read the sections on retaliatory eviction and how to raise it as a defense/cause of action. At the very least, this will delay the eviction by a month or two.
Good luck
<HR></BLOCKQUOTE>
My response:
Hello Tracy !
Thanks for "setting me straight." However, our writer asked:
"Does the landlord need a reason to serve a notice of eviction?"
And, my answer to her was correct, "No" - - my answer was not as "complete" as it could have been, concerning "retaliation," and for that, I thank you. But then, with my suggestion that she see an attorney, I am sure that matter would have been thrashed out with proper guidence and advice of counsel.
In a previous post, I also brought to our writer's attention that she should see an attorney anyway for her rights concerning "constructive eviction" and her rights to stay on the premises, and the damages she might obtain from the landlord in that instance (but, that was before her latest post telling of her receipt of the 30 day Notice to Vacate).
Her only problem with this latest matter is being able to prove that her "quiet enjoyment" was breached, and that she is entitled to an action for "retaliation" for her complaints to the landlord, and her "constructive eviction" damages, if any.
Looking at subdivision (c), below, our writer's greatest hurdle will be complying with the following:
(c) "In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory."
California Civil Code Section 1942.5.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as
to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, or has made an oral complaint to the lessor regarding tenantability; or
(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which
the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability; or
(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice; or
(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of
tenantability; or
(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke the provisions of subdivision (a) more than once in any 12-month period.
(c) It shall be unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of such acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees' association or an organization advocating lessees' rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his rights under any lease or agreement or any law pertaining to the hiring of property or his right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his rights under this section shall be void as contrary to public policy.
(e) Notwithstanding the provisions of subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or
periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If such statement be controverted, the lessor shall establish its truth at the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the
following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to such act.
(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney's fees to the prevailing
party if either party requests attorney's fees upon the initiation of the action.
(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
It's always terrific to hear from you Tracey, and I'm sure glad you're around !!
Especially to assist in putting together more pieces of the puzzle to help complete the picture. I thank you, and I'm sure our writer thanks you.
IAAL
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