QUESTION
What should he do if the manager called social services after confrontation?
Asked on Sep 03rd, 2016 on Landlord and Tenant Law - California
More details to this question:
My son filed a response to an unlawful detainer on 8/30 and tried to pay the rent due on 9/2. The manager said the management company would not accept it. A while later, she came to his door and he said since she would not accept his rent, they had nothing to discuss and closed the door. About 30 minutes later, it is suspected that she called Children’s Family Service claiming their 2 children were being abused and rats and roaches were in the unit. He has asked for months for that to be corrected and has tried to do so himself. Also, she said that marijuana was being smoked around the kids. He has a medical marijuana card and only smokes it outside. Social Services did show up and will contact them again next week. They saw abuse was untrue. He feels she did this in retaliation.
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your son needs an experienced attorney to deal with Children Services and most likely the unlawful detainer action.
Answered on Sep 29th, 2016 at 5:35 AM
You do not state if the unlawful detainer action was based upon a 3 day notice [an offer to pay the rent owning, whether or not it is accepted, ends the basis of that claim, but a 30 day notice if he is a month to month tenant normally can not be defeated as it merely says the landlord refuses to re-rent the premises to that tenant. He should complain to the owner of the premises that the manager apparently acted improperly and has done nothing to try to resolve the cockroach and rat problems. None of that is really relevant to the issues in the unlawful detainer but a judge will probably allow him to briefly mention it. He could sue her for intentional infliction of emotional distress, but has to be able to show it is more likely than not that she was the one calling child services and had no real basis for doing so.
Answered on Sep 27th, 2016 at 6:26 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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It is too late to pay rent owed after the notice to pay or quit has expired and the lawsuit has been filed. Every citizen has the right to seek redress for for grievances through the administrative and court system. An action against the manager for A report of suspected child abuse, would likely run into problems with our "anti-slap" laws.
Answered on Sep 27th, 2016 at 11:40 AM