Question
On February 27, 2024, a tenant filed a motion to quash a complaint, asserting that the Unlawful Detainer action is defective. Research the grounds for
On February 27, 2024, a tenant filed a motion to quash a complaint, asserting that the Unlawful Detainer action is defective. Research the grounds for filing a motion to quash and make a list of these grounds. Select one or more grounds that can serve as the basis for the tenant's motion.
I was thinking of the following grounds for filing quash of unlawful detainer complaint:
1. Retaliation: If the landlord initiated the eviction proceedings in retaliation against the tenant exercising their legal rights, such as reporting code violations or joining a tenant association, this can be a ground for quashing the complaint.
2. Violation of Implied Warranty of Habitability: If the landlord has failed to maintain the property in a habitable condition as required by California law, the tenant may have grounds to quash the complaint. This could include issues such as lack of essential services, health and safety hazards, or failure to make necessary repairs.
3. Discrimination: If the eviction is based on discrimination prohibited by federal or state fair housing laws, such as discrimination based on race, gender, religion, familial status, disability, or other protected characteristics, the complain may be quashed.
Could you help me fill out Form UD 105 - Answer Unlawful Detainer Form, using the above grounds for filing quash
Tenant is Stephanie McGreedy
Date of filing is 3/18/24
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