This is a form from a Tenant to Landlord in response to Landlord's threat to evict Tenant from the premises. Tenant is contending that Landlord's threat to evict is retaliatory in nature and was done so in response to Tenant's actions as specified in the form. This form complies with state Housing Laws.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Subject: Notice to Cease Retaliatory Threats to Evict or Retaliatory Eviction Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a matter of significant concern regarding your recent communication and actions that seem to be retaliatory in nature, threatening eviction or engaging in retaliatory eviction, as outlined under the laws and regulations of Santa Ana, California. As a conscientious tenant, I have strived to maintain an amicable and mutually beneficial relationship throughout the duration of my tenancy at [Property Address]. However, I feel compelled to assert my rights and request your immediate compliance with the relevant legal provisions prohibiting retaliatory acts against tenants. Firstly, I would like to draw your attention to the California Civil Code Section 1942.5, which specifically prohibits landlord retaliation. It states that a landlord may not threaten to evict or actually evict a tenant as a form of retaliation against the tenant for exercising their legal rights. These rights, among others, include: 1. Requesting necessary repairs or maintenance to ensure habitability. 2. Reporting violations of health and safety codes. 3. Joining or organizing a tenant association. 4. Exercising the right to privacy within the leased premises. 5. Complaining about violations of lease agreements or regulations, or any other lawful act. It has come to my attention that you have recently engaged in actions that I believe are retaliatory. These include, but may not be limited to [provide specific instances of retaliatory behavior, such as:] 1. Receiving a notice of eviction shortly after I reported a violation of health and safety codes in the rental unit. 2. Facing intimidation and verbal threats from yourself or your representatives in response to my request for necessary repairs and maintenance. 3. Discovering unannounced and unwarranted visits from you or your representatives, violating my right to privacy. I firmly assert that engaging in retaliatory acts is a violation of my rights as a tenant, and it goes against the principles of fair and just housing practices. Understand that I am well-aware of my rights as a tenant, and I will not be deterred from exercising these rights for fear of retaliatory actions. This letter serves as both a notice and a demand for immediate cessation of all retaliatory threats to evict, including any form of retaliatory eviction. I request that you fulfill your obligations as a landlord, ensuring a livable and harmonious environment for me, as your tenant, while respecting my legal rights. Failure to cease these retaliatory actions will leave me no choice but to seek legal counsel and take appropriate measures to protect my rights. These measures encompass filing a complaint with the appropriate housing authorities and pursuing legal action to the full extent permitted by law. Please consider this letter as a genuine effort to resolve this matter amicably and to reinforce our landlord-tenant relationship based on mutual respect, transparency, and adherence to the laws governing rental properties in Santa Ana, California. I kindly request a written response acknowledging your commitment to complying with these demands within [reasonable timeframe, typically 7-14 days] from the date of this letter. Failure to respond or comply with this notice will leave me with no option but to escalate this matter further through legal channels. Thank you for your prompt attention to this matter. I trust that we can resolve these issues swiftly, preserving a respectful and harmonious landlord-tenant relationship. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Subject: Notice to Cease Retaliatory Threats to Evict or Retaliatory Eviction Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a matter of significant concern regarding your recent communication and actions that seem to be retaliatory in nature, threatening eviction or engaging in retaliatory eviction, as outlined under the laws and regulations of Santa Ana, California. As a conscientious tenant, I have strived to maintain an amicable and mutually beneficial relationship throughout the duration of my tenancy at [Property Address]. However, I feel compelled to assert my rights and request your immediate compliance with the relevant legal provisions prohibiting retaliatory acts against tenants. Firstly, I would like to draw your attention to the California Civil Code Section 1942.5, which specifically prohibits landlord retaliation. It states that a landlord may not threaten to evict or actually evict a tenant as a form of retaliation against the tenant for exercising their legal rights. These rights, among others, include: 1. Requesting necessary repairs or maintenance to ensure habitability. 2. Reporting violations of health and safety codes. 3. Joining or organizing a tenant association. 4. Exercising the right to privacy within the leased premises. 5. Complaining about violations of lease agreements or regulations, or any other lawful act. It has come to my attention that you have recently engaged in actions that I believe are retaliatory. These include, but may not be limited to [provide specific instances of retaliatory behavior, such as:] 1. Receiving a notice of eviction shortly after I reported a violation of health and safety codes in the rental unit. 2. Facing intimidation and verbal threats from yourself or your representatives in response to my request for necessary repairs and maintenance. 3. Discovering unannounced and unwarranted visits from you or your representatives, violating my right to privacy. I firmly assert that engaging in retaliatory acts is a violation of my rights as a tenant, and it goes against the principles of fair and just housing practices. Understand that I am well-aware of my rights as a tenant, and I will not be deterred from exercising these rights for fear of retaliatory actions. This letter serves as both a notice and a demand for immediate cessation of all retaliatory threats to evict, including any form of retaliatory eviction. I request that you fulfill your obligations as a landlord, ensuring a livable and harmonious environment for me, as your tenant, while respecting my legal rights. Failure to cease these retaliatory actions will leave me no choice but to seek legal counsel and take appropriate measures to protect my rights. These measures encompass filing a complaint with the appropriate housing authorities and pursuing legal action to the full extent permitted by law. Please consider this letter as a genuine effort to resolve this matter amicably and to reinforce our landlord-tenant relationship based on mutual respect, transparency, and adherence to the laws governing rental properties in Santa Ana, California. I kindly request a written response acknowledging your commitment to complying with these demands within [reasonable timeframe, typically 7-14 days] from the date of this letter. Failure to respond or comply with this notice will leave me with no option but to escalate this matter further through legal channels. Thank you for your prompt attention to this matter. I trust that we can resolve these issues swiftly, preserving a respectful and harmonious landlord-tenant relationship. Sincerely, [Your Name]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
