QUESTION
Can I file a lawsuit against my property management company?
Asked on Jun 03rd, 2014 on Litigation - California
More details to this question:
I have been withholding rent since April due to a long list of issues that were neglected since December to January. Issues such as 60,000 beehive in back yard making it dangerous and unusable, holy and uneven ground in front yard after it was dug up due to a sewage line clog of which my 5 year old daughter tripped and broke her clavicle last March, broken oven for 2 months, broken glass in garage door, fallen down fence. I am on day 3 of her 3 day pay or quit notice asking me to pay the rent that I have withheld. Nothing has been resolved except for the oven replaced. Beehive has been removed but the bees are still there. She refuses to negotiate a lower amount owed her. What can I do? I’m in San Diego.
2 ANSWERS
You cannot sue for personal injuries in the Unlawful Detainer action your landlord may bring. You would have to file a separate case.
Answered on Jun 09th, 2014 at 7:55 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
Either you have to pay or you will end up in court fighting a habitability defense. If the rental is unsafe the judge can order your rent reduced and not paid until the rental is safe. You run the risk that the judge will say the rental is habitable and kick you out.
Answered on Jun 09th, 2014 at 7:54 PM