Posted by Ted Deignan on December 18, 1996 at 13:01:20:
In Reply to: Retaliatory notice to quit in CA????? posted by Kodie on October 10, 1996 at 22:53:36:
The US Supreme Court has held that retaliatory eviction is an illegal infringement on your first amendment rights to free speech and redress of grievances only if you are being evicted for complaining to a government agency, including a court, about conditions in your dwelling. It's the tenant's burden (except in NY) to show a retaliatory motive. However, if you do not have a lease, it will only prevent your eviction for a short time. The "retaliation" protection runs out after a few months of good behavior by the landlord.: I hope someone can help with this or else refer me to another resource. We have: been in our current apt. for almost 2 years. About 4 months ago we had the : neighbors from hell move in. They were loud, obnoxious, used foul language, : walked very noisly, fought often, etc. etc. I have been off work for over a : year due to depression and anxiety. If we could afford to move, we would have.: We took our problems to the Manager. She told us to keep putting things in writing,: call the courtesy patrol and have them log things, and call her. We did all of this.: WE are told the patrol never logged anything. We wrote letters and made phone calls to the: manager. What happens? Today WE get a 30 day notice to quit! After following her: advice! And she claims it comes from her boss, and she has nothing to do with it.: We are at a loss. Does anyone have any advice, recommendations or resources?: As I said we don't have the money to move, let alone get legal help but I truly : do feel we are being discriminated against or retaliated against.: Thanks in advance.
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