6 mo retaliation law (by charlene [MA]) Jun 20, 2018 1:03 PM
6 mo retaliation law (by Still Learning [NH]) Jun 20, 2018 1:26 PM
6 mo retaliation law (by Moshe [CA]) Jun 20, 2018 1:33 PM
6 mo retaliation law (by RathdrumGal [ID]) Jun 20, 2018 2:18 PM
6 mo retaliation law (by Steve [MA]) Jun 20, 2018 2:37 PM
6 mo retaliation law (by Moshe [CA]) Jun 20, 2018 2:39 PM
6 mo retaliation law (by WMH [NC]) Jun 20, 2018 3:18 PM
6 mo retaliation law (by Robert J [CA]) Jun 20, 2018 3:26 PM
6 mo retaliation law (by Vee [OH]) Jun 20, 2018 7:12 PM
6 mo retaliation law (by Moshe [CA]) Jun 20, 2018 7:59 PM
6 mo retaliation law (by charlene [MA]) Posted on: Jun 20, 2018 1:03 PM Message:
From time to time, the postings on this wonderful site refer to how the 6 months retaliation law can be a "useful eviction tool, but its application varies from state to state."
As a newbie, can someone out there provide me with the details on how to apply it up here in ultra-liberal MA?
Thank you
Charlene --173.48.xxx.xxx |
6 mo retaliation law (by Still Learning [NH]) Posted on: Jun 20, 2018 1:26 PM Message:
Usually it is not an eviction tool. If a tenant turns you in to code enforcement or the like and you file an eviction it could be considered retaliatory and the judge could throw it out. At least that is my understanding. The exception would be non-payment. --24.61.xxx.xx |
6 mo retaliation law (by Moshe [CA]) Posted on: Jun 20, 2018 1:33 PM Message:
YES, it is an eviction defense.
Some states have an actual statute regarding retaliatory eviction, other states use general principles of retaliation law to conclude that retaliation by landlord is a justified defense against eviction. --47.139.xx.xxx |
6 mo retaliation law (by RathdrumGal [ID]) Posted on: Jun 20, 2018 2:18 PM Message:
In my opinion, this is an example of a law that is supposed to help tenants, but actually ends up hurting them. Because of this law. wise LLs do not give verbal warnings of lease violations. You need to jump right to delivering the timed and dated written cure or quit notice -- with proof of service. The key is to get your notice delivered BEFORE any complaint is made to authorities. It has made the whole process more cut and dried and bureaucratic.
It is the same with Fair Housing laws essentially forcing me to take applications from people who will clearly not qualify. I don't want to take app fees from people who will not qualify. So I try to hint as broadly as possible when they should not apply -- even to the point of telling them "the law requires that I take applications from all who are interested". But not all people are smart enough to take the hint. Sadly, it is applicants who can least afford the extra fees who go ahead and apply anyway. --98.146.xxx.xxx |
6 mo retaliation law (by Steve [MA]) Posted on: Jun 20, 2018 2:37 PM Message:
If you look at Bet [MA] post from June 19, 2018 3:40 PM titled Board of Health you will find out how it could be used against a LL & a way to possibly still evict for non payment without it being considered retaliation.
Basically in MA if a tenant makes a formal compliant to the local Board of Health regarding the condition of their unit, any action by the LL to evict this tenant except for non payment is considered retaliatory. --72.93.xxx.xxx |
6 mo retaliation law (by Moshe [CA]) Posted on: Jun 20, 2018 2:39 PM Message:
I suppose that the retaliatory eviction defense could give a tenant a weapon to avoid eviction, but more often it is a tool to coerce landlords into maintaining property in health and safe condition.
The eviction defense does not last forever. It merely delays an eviction in order for the dust to settle, and for annoyed landlords to reach cooler decisions. And, in CA, a tenant can only use this defense once (in a year).
--47.139.xx.xxx |
6 mo retaliation law (by WMH [NC]) Posted on: Jun 20, 2018 3:18 PM Message:
How do you know it is 'more often' a tool? Do you have statistics? --50.82.xxx.xx |
6 mo retaliation law (by Robert J [CA]) Posted on: Jun 20, 2018 3:26 PM Message:
The City make a mistake and puts my property under one of their "programs" because they filed a notice under XXX North Street instead of XXX South Street. Since I wasn't informed and didn't file an appeal within the 10 day period, I was a guilty party even though the City got the wrong address.
The City then sent notice to my tenants that they got a reduced rent and if I tried to evict them for the next 12 months, I would be also guilty of retaliation and not allowed to evict. So two of my tenant stopped paying rent and every step I took to undo the City's mistakes would take 3 months and then it would be thrown out of court because I was doing a retaliation eviction -- even though it was for non-payment of rent, selling drugs and other offenses.
At the end of the day I lost tens of thousands of dollars and the city could not be sued, nor could their employee's. Why? Because the judge was a city employee who was give a choice, rule in favor of the city or loose his job...
Talk about retaliation? Not by landlords in Los Angeles, but by the City itself and the legal system -- make and run by jokers, liars AKA lawyers. --47.156.xx.xx |
6 mo retaliation law (by Vee [OH]) Posted on: Jun 20, 2018 7:12 PM Message:
Many of us have been down the eviction runway and more than 95 percent is based on a non payment so it seems to me the system is actually working - and if the tenant is late paying into the court escrow they may get away with out late fees but I would add it to the next rent cycle - the city may allow bad behavior but I am not in favor of that. --76.188.xxx.xx |
6 mo retaliation law (by Moshe [CA]) Posted on: Jun 20, 2018 7:59 PM Message:
1. The basic reason for retaliatory eviction law is that landlords DO retaliate when tenants make complaint to authorities. The basic legal framework is that tenants have the right to complain to authorities without fear of retaliation and attitudes of landlords are often displayed on landlord websites.
To complain that such laws are more often used to avoid eviction is to believe that judges are fools, which good judges are not. Additionally, retaliatory eviction does not apply to situations where rent i not up-to-date.
2. No doubt, Robert J has had painful experience, but retaliatory complaint in CA delays eviction by only 180 days, not a year. Plus, retaliatory eviction is not a defense at all when rent is not up-to-date. Plus plus, reduced rent requires a determination by court to diminish rent, and requires a hearing where both sides get to present their side before the reduction is ordered. In the face of such a notice as Robert reports, a landlord can go to court with an ex-parte motion to suppress the notice. Plus plus plus, if the tenant stops paying rent, he is no longer allowed to plead retaliatory eviction in court, so he cuts his own throat by ceasing to pay rent.
Judges in Los Angeles are employees of the County, not the city. I am personally happy that my properties are not in Los Angeles, but legal situations are also solvable there, especially regard matters of retaliatory eviction which is governed by CA STATE law, administered by County courts, even regarding cases originating in Los Angeles city.
--47.139.xx.xxx |
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