Being evicted for nonpayment. Demurred complaint for overstated rent. Found out unit is illegal.

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Anonymous Mar 16, 2015 Bankruptcy and Debt 1 views 1 answers

Landlord offered to not accept rent due in exchange for labor. 2/3 through the work LL changed deal to less credit than previously agreed. I attempted to pay LL rent due and threatened to file a lawsuit to recover unpaid wages.LL refused to accept payment. LL countered by threatening to have inspector red tag our unit. I countered by threatening to call inspector myself. Next day I was served with 6 three day notices to pay or quit( two gave 30 days to surrender property, four gave 3 days to surrender property before legal proceedings would begin. Health inspector has since cited LL for 11 violations including illegal unit AND illegal kitchen. If cause of action is based on non payment and California law says no rent can be demanded or collected if unit is illegal, (out of space to type)

Attorney Answer

Anthony Roach

Anthony Roach · Jun 15, 2026

A defect in the 3 day notice is a defense to an unlawful detainer action. With that said, however, that does not mean you can live in an unpermitted unit forever. Your landlord may be required at some point by a public entity to evict you, regardless of whether you pay rent, if the unit is unpermitted.

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