Do Landlords normally win in unlawful detainer cases?

Question

I am in an unlawful detainer case with my tenant. She believes that the house in unhabitable. But she remains living there for the past 3 months rent free even when she has already said she wants to move. She is also putting my home in foreclosure...Im taking all the necessary steps to evict this woman and her family. She already has 2 evictions against her and I know she has done this to someone else before. I'm scared I'm going to lose my case and I know Im in the right on this...

Answer 1

www.dca.ca.gov/publications/landlordbook...

It is hard to say what a judge will do in unlawful detainer case. If she can prove that the unit is inhabitable she may have a case. If she is a habitual bad renter you will have to prove it. Remember you are the petitioner and you have the burden of proof. If you can show the judge her history as a squatter instead of a renter you may have a case. If she can prove with documentation that she has brought to your attention that there are problems with the unit you may not get your full rent. Address the foreclosure issue and be prepare to show the judge that you have been paying faithfully until this tenant has moved into your unit.

The bad thing is even if you get a judgment against her you still have to be able to collect the money. Most likely she has not opened an escrow account to hold the unpaid rent in the event the judge rules in your favor. Read the issue listed above and see if the rules apply to you.

good luck

Above I have listed a web-site that answer tenant law in California, if you live somewhere you will have to see what the rules are in your state.

Answer 2

How is it unhabitable?