Carlsbad California Letter from Tenant to Landlord responding to Notice to Terminate for Noncompliance - Noncompliant condition caused by Landlord's own deliberate or negligent act

State:
California
City:
Carlsbad
Control #:
CA-1035LT
Format:
Word; 
Rich Text
Instant download

Description

This form covers the subject matter described in the form's title for your State. This letter is written by a Tenant to a Landlord in response to Landlord's notice of eviction. Tenant asserts that the conditions which caused Landlord to evict Tenant were a result of Landlord's or Landlord's agents actions. Tenant requests non-eviction and repairs to the property immediately. Tenant reserves his/her legal rights at law to sue, etc.

Dear [Landlord's Name], I hope this letter finds you well. I am writing in response to the Notice to Terminate for Noncompliance that I received from you on [date]. After careful consideration, I feel it is necessary to address the noncompliant condition mentioned in the notice, as it was caused by your deliberate or negligent act. Firstly, I would like to clarify the specific condition that you are referring to in your notice. It is important to define the issue precisely to ensure that both parties are on the same page regarding the noncompliance. In this case, the noncompliant condition pertains to [describe the condition or maintenance issue — for example, a leaky roof or faulty electrical wiring]. Upon careful inspection and review of the tenancy agreement, it is evident that the responsibility for the proper maintenance and upkeep of the property lies with the landlord. As such, it is concerning that the noncompliant condition was caused due to your own deliberate or negligent act. This breach of duty not only affects my well-being and safety but also my right to enjoy a habitable living environment. I would like to emphasize that I have fulfilled my obligations as a tenant by promptly reporting any issues and participating in regular inspections as stated in the agreement. It is disheartening to discover that the noncompliant condition was a result of negligence or a deliberate act on your part, as it puts my trust in your ability to fulfill your responsibilities as a landlord into question. Moving forward, I kindly request that you take immediate action to rectify the noncompliant condition. It is crucial that you address this matter promptly to ensure my safety, comply with the terms of our tenancy agreement, and maintain a harmonious landlord-tenant relationship. Additionally, I kindly ask that you provide an explanation for the cause of the noncompliant condition and the steps you will take to prevent similar incidents from occurring in the future. Transparency and accountability are vital in maintaining a mutually respectful landlord-tenant relationship. If necessary, I am open to discussing this matter further or scheduling a meeting to find an amicable solution. Nonetheless, I expect the noncompliant condition to be remedied satisfactorily within a reasonable timeframe. Thank you for your attention to this matter. I trust that you will take the appropriate actions to address the noncompliant condition caused by your own deliberate or negligent act. I look forward to receiving your prompt response. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number]

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FAQ

Eviction, also known as Summary Process, is a legal process a landlord must use to remove a tenant from a house, apartment, or room. Notice to Quit: this is a legal document that your landlord sends to you to tell you that he/she is asking you to leave the property. It is delivered by a Marshal.

Under just cause rules, a landlord can only evict a tenant for certain reasons, which must be enumerated in writing. Under the current rent control rules, the reasons include failure to pay rent and unauthorized people living in the unit.

Contact the local housing authorities: If the issue is in violation of state or local housing code, contact local housing authorities for an inspection and report. Your landlord could then be ordered by housing officials to fix the problem.

The Eviction is for ?No-Fault?: A no-fault eviction is an eviction where the landlord needs the property back not because the tenant is ?misbehaving,? but rather for another reason. There are limited reasons under Civil Code 1946.2(b)(2) that allow a landlord to evict a tenant for a no-fault reason.

Here's what you can do if you're being evicted: Pay the full amount of rent that is overdue (if this is why you're being evicted) Move out voluntarily. Make a rent payment plan or moving plan in agreement with the landlord. Temporarily stop the eviction by filing for bankruptcy.

The only legal way to evict a tenant in California is with a Three-Day Notice to Pay Rent or Quit followed by an unlawful detainer hearing. If a landlord improperly serves a tenant with a Three-Day Notice, the tenant can move for dismissal of the case.

Your notice will not be valid if: you're not given enough notice. your landlord waits too long to apply to court. you receive the notice during the first 4 months of your original tenancy.

Connecticut Eviction Timeline Steps of the Eviction ProcessAverage TimelineIssuing an Official Notice3-30 daysIssuing and Serving of Summons and ComplaintA few daysTenant Files an Answer3-30 daysCourt Hearing and JudgmentA few days to a few weeks2 more rows ?

Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.

The Tenant Protection Act of 2019 (AB 1482) is a new law that requires a landlord to have a valid reason to evict renters so long as the renter has lived in the rental housing for at least 12 months. This is called ?just cause? protections for eviction.

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Carlsbad California Letter from Tenant to Landlord responding to Notice to Terminate for Noncompliance - Noncompliant condition caused by Landlord's own deliberate or negligent act