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 Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] 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 the recent issues that have arisen in regard to the tenancy at [your rental property address]. I feel compelled to inform you that your behavior towards me, as a tenant, has been displaying tendencies that can be classified as retaliatory threats to evict or retaliatory eviction, which are strictly prohibited by the laws of the State of California and the city of San Jose. First and foremost, I would like to clarify the definition of "retaliatory threats to evict" and "retaliatory eviction" as per the California Civil Code Section 1942.5: 1. Retaliatory Threats to Evict: Any act or statement made by a landlord that indicates an intent to terminate the tenancy or to increase rents, decrease services, or make any other changes in violation of the rental or lease agreement, and done in response to a tenant exercising their legal rights. 2. Retaliatory Eviction: Any actual attempt or action taken by a landlord to recover possession of their property or to evict a tenant, either through the legal eviction process or by any other means, in response to the tenant engaging in a legally protected activity. Having explained the above, I believe it is essential to bring to your attention certain incidents that have raised concerns and made me believe that I am being subjected to retaliatory measures: 1. Specific incident description (provide details of the incident(s) where you felt threatened or retaliated against). 2. Date of the incident(s) and any witnesses present (if applicable). 3. Explanation of the protected activity you believe triggered the retaliatory behavior (e.g., reporting habitability issues, exercising the right to organize, reporting code violations, etc.). It is my sincere hope that we can find a resolution to these issues without resorting to legal actions or unnecessary conflict. I kindly request that you immediately cease the retaliatory behavior and any threats made towards me. As a tenant, I have the legal right to quiet enjoyment of the property and to exercise my rights without facing any form of retaliation. I trust that you are aware of the tenant's rights established by California law, including San Jose's local regulations. I would appreciate it if you could kindly acknowledge this letter within [reasonable time frame] and provide assurances that such behavior will cease immediately. Please consider this letter as a formal notice, and I kindly request that we work together to maintain a harmonious and lawful tenancy. Thank you for your attention to this matter. I look forward to resolving this issue promptly. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] 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 the recent issues that have arisen in regard to the tenancy at [your rental property address]. I feel compelled to inform you that your behavior towards me, as a tenant, has been displaying tendencies that can be classified as retaliatory threats to evict or retaliatory eviction, which are strictly prohibited by the laws of the State of California and the city of San Jose. First and foremost, I would like to clarify the definition of "retaliatory threats to evict" and "retaliatory eviction" as per the California Civil Code Section 1942.5: 1. Retaliatory Threats to Evict: Any act or statement made by a landlord that indicates an intent to terminate the tenancy or to increase rents, decrease services, or make any other changes in violation of the rental or lease agreement, and done in response to a tenant exercising their legal rights. 2. Retaliatory Eviction: Any actual attempt or action taken by a landlord to recover possession of their property or to evict a tenant, either through the legal eviction process or by any other means, in response to the tenant engaging in a legally protected activity. Having explained the above, I believe it is essential to bring to your attention certain incidents that have raised concerns and made me believe that I am being subjected to retaliatory measures: 1. Specific incident description (provide details of the incident(s) where you felt threatened or retaliated against). 2. Date of the incident(s) and any witnesses present (if applicable). 3. Explanation of the protected activity you believe triggered the retaliatory behavior (e.g., reporting habitability issues, exercising the right to organize, reporting code violations, etc.). It is my sincere hope that we can find a resolution to these issues without resorting to legal actions or unnecessary conflict. I kindly request that you immediately cease the retaliatory behavior and any threats made towards me. As a tenant, I have the legal right to quiet enjoyment of the property and to exercise my rights without facing any form of retaliation. I trust that you are aware of the tenant's rights established by California law, including San Jose's local regulations. I would appreciate it if you could kindly acknowledge this letter within [reasonable time frame] and provide assurances that such behavior will cease immediately. Please consider this letter as a formal notice, and I kindly request that we work together to maintain a harmonious and lawful tenancy. Thank you for your attention to this matter. I look forward to resolving this issue promptly. Sincerely, [Your Name]
