Retaliatory actions and eviction
A landlord may try to evict a tenant because the tenant has exercised a legal right (for example, using the repair and deduct remedy, (see Having Repairs Made) or has complained about a problem in the rental unit. Or, the landlord may raise the tenant’s rent or otherwise seek to punish the tenant for complaining or lawfully exercising a tenant right.
In... Read More
The “repair and deduct” remedy
The “repair and deduct” remedy allows a tenant to deduct money from the rent, up to the amount of one month’s rent, to pay for repair of defects in the rental unit.156 This remedy covers substandard conditions that affect the tenant’s health and safety, and that substantially breach the implied warranty of habitability.157 (See... Read More
This is a common question from clients and the answer invariably is one attorneys give time and time again to a multitude of questions: it depends. Your initial time period will depend upon why you are evicting the tenant. If they aren’t paying rent, you have to serve the three-day notice to quit or pay rent, wait three days, and then file the lawsuit. The tenant then has five days to “answer”,... Read More