UncategorizedTenants and Landlords

July 20, 2020

Brian Carter concluded a representation of client landlords who were sued by their tenant at a residential property.  Clients gave a Notice to Quit without first resorting to counsel, and the tenant subsequently sued them for retaliatory eviction and intentional infliction of emotional distress despite the client/landlords not having followed up the notice with an unlawful detainer action.  The parties ultimately resolved their differences, continued the tenancy and caused the lawsuit to be dismissed, but not before Mr. Carter filed a demurrer, which was sustained with leave to amend, and tenant filed a first amended complaint.  The complaint arguably was subject to an anti-SLAPP motion by client/landlords, but one must always be mindful of the potential for an interlocutory appeal when dealing with an anti-SLAPP motion.  The moral of this story/representation is to be careful when giving notices to quit, and to recognize the potential for tenants responding to such a notice with a suit for retaliatory eviction and/or other claims.

UKIAH OFFICE

Phone: 707.462.6694
Facsimile: 707.462.7839
Email: cmlaw@cartermomsen.com
Address: 305 North Main Street
Ukiah, California 95482

WILLITS OFFICE

Phone: 707.456.9210
Email: cmlaw@cartermomsen.com
Address: 716 S. Main Street Suite A1
Willits, California 95490