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What are the BEST defenses to an unlawful eviction even when I am currently caught up on all my rent in rent-controlled West Hollywood California?

  • Showing that the allegation, whatever it is, is untrue. You can do that in court. – user6726 Nov 5 '16 at 0:11
  • Well on the three day notice to quit I received only gave a date with no allegations to the actual event that took place or the violations that I breached in my lease. Since that time the landlord accepted rent from me three consecutive times from when received the unlawful detainer. – C Kreuser Nov 5 '16 at 0:31
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    The best defense is the one that wins – Dale M Nov 5 '16 at 1:07
  • @Dale - priceless. – Daniel Anderson Nov 5 '16 at 2:00
  • If the landlord accepted rent after the eviction notice, you may be in good shape. To find out, speak with a landlord/tenant lawyer. – phoog Nov 5 '16 at 12:57
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Defense against eviction is based on property rights. Eviction is a summary judgment process and the law requires meticulous adherence to process and procedure. If the landlord accepted rent after giving a three day notice, in all likelihood, the 3 day notice is no longer valid and, if rent is still owed, the landlord must start over with another 3 day notice that describes the current status of the rent owed. You must be thoroughly familiar with tenant-landlord law to have a satisfactory understanding of your situation.

  • Though if the basis for eviction was something other than non-payment, then that wouldn't be true. – user6726 Nov 10 '16 at 23:10
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    @user6726 in some jurisdictions, at least, accepting rent is tantamount to accepting the tenant's possession of the premises, and therefore negates prior attempts to evict the tenant, regardless of the grounds. – phoog Dec 11 '16 at 5:41
  • My comment was addressed to the assumption that the basis for eviction was non-payment, which isn't part of the OP. If the eviction notice was delivered after the rent was paid and was for e.g. criminal activity, then the aforementioned payment dance is irrelevant. The question is basically unanswerable as posed. – user6726 Dec 11 '16 at 6:04

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