It your tenant claims “retaliation” as a defense to an unlawful detainer eviction case in Los Angeles, and wins, then you will not be able to evict the tenant, and you may be subject to other consequences.
If your tenant raises the defense of retaliation to your unlawful detainer, you should hire an attorney.
The retaliation defense is available for both residential and commercial tenants, but is generally not available in an eviction case brought after a foreclosure.
A landlord cannot evict a tenant if the reason for the eviction is in response to certain things that the the tenant did, including, but not limited to, complaining about problems in the house or complaining to a government agency. The retaliation defense may be made within 180 days after the tenant does one of these things, and then the landlord will need to show that the eviction is not based on a retaliatory motive. More information on retaliatory evictions in Los Angeles is discussed here.
Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
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