Residence Type: 
Single unit
Landlord Type: 

I was a tenant in foreclosed house that had habitability issues. The new owners (investors) came in and agreed to fix everything within a reasonable fair amount of time. They did however agree to fix the plumbing issues right away. I signed a lease with them that included they were going to fix the plumbing issues. I gave them rent and waited 45 days of promise after promise. No working kitchen sink made the house uninhabitable. I found the legal grounds to withhold rent and notified the new owner that I was exercising my rights under civil codes. That I would wait to hear from them to fix the plumbing but if not I was going to use rent to fix the issues. I contacted the local code enforcement and they didn't make it to my home for about a month. I did however receive a 3 day notice to pay or quit. Local code enforcement said the house was habitable but issued them a long list of violations to be remedied within 2 weeks. The owners never fixed anything and Code enforcement replied when there is a court case they stop all action. I answered the Unlawful Detainer with affirmative defenses of breach of habitability and retaliation and and a number of other things they did to try and get me to move. I went to court the judge said the house was obviously uninhabitable when I signed the lease with them. He said that the lease was void and I have to move. 5 minute case. The judge listened to the Plaintiff and the plaintiff lied extensively saying that I would not allow him in the home to make repairs. I showed the judge the conversations in print from my cell phone and he barely browsed them over, not really even looking at them.He asked me what I wanted and I replied I want me and my children to continue to live in the home and the repairs to be made as promised. The judge asked if I wanted to be a squatter and I replied, Your honor I have a pre-existing lease with the prior owner I am not a squatter. He then said I have to move. I then asked him " don't I have rights under the Tenants Protection Act of 2009 and doesn't that give me a bona fide 90 notice. He replied lets see, you have had June July and Aug mam their is your 90 days. I asked for my 1800 dollars back and he said I never asked for it in my answer and that I would have to go to another court for that. I had enough evidence to show malice from the owners. There attorney's assistant came to my home opened a window stuck her head in with a camera and took pictures of the room. When my children told me she was there, I asked her what she was doing and she told me she was getting evidence to open a case with child protective services to have my children removed because I was allowing them to live in an uninhabitable home. I copies of our conversations about promises to fix things which never happened. You had mentioned you have researched many cases. Have you found anything like this. Is it true that I have not private right of action and that now that I am homeless I have no real recourse to have justice? In San Joaquin County there is no Legal Aid Society or no non profit arena's to get help. Call the Lawyer Referral Agency and they will tell you they do not have 1 single attorney that will take a tenant case. Now I have to file a brief for an appeal on my own with no help. This is just wrong

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