California Eviction Defense:

Transcription

1 California Eviction Defense: Protecting Low-Income Tenants 07 Co-Chairs Madeline S. Howard Jith Meganathan Practising Law Institute 77 Avenue of the Americas New York, New York 006

2 Sample Verdict Form, Habitability Lorraine López Inner City Law Center If you find this article helpful, you can learn more about the subject by going to to view the on demand program or segment for which it was written. 09

3 0 Practising Law Institute

4 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES PLAINTIFF, 4 Limited Civil Case No. 5UXXXXX 5 Plaintiff, [PROPOSED] VERDICT FORM vs. 6 DEFENDANT; and DOES to 0 DATE: 7 INCLUSIVE, TIME: DEPT: 8 Defendants. 9 0 We answer the questions submitted to us as follows:. Did Defendant fail to make a rental payment to Plaintiff as required by the rental agreement? Yes No If your answer to question is YES, then answer question. If you answered NO, stop 4. Did Plaintiff properly give Defendant a written notice to pay the rent or vacate the property at least 5 three days before December 6, 04? Yes No If your answer to question is YES, then answer question. If you answered NO, stop 9. Was the amount of rent stated in the notice no more than the amount of rent that Defendant actually owed under the rental agreement? 0 Yes No If your answer to question is YES, then answer question 4. If you answered NO, stop 4. Did Plaintiff properly register the unit before demanding rent? 4 5 If you answered YES to question 4, then answer question 5. If you answered NO, stop 6 7 /// 8 VERDICT FORM

5 Did Plaintiff properly give a copy of the registration to Defendant? If you answered YES to question 5, then answer question 6. If you answered NO, stop 6. Did Defendant pay or attempt to pay the amount stated in the notice within three days after service or receipt of the notice? If you answered NO to question 6, then answer questions 7 and 8. If you answered YES, stop 7. What is the amount of unpaid rent that Defendant would owe to Plaintiff if the property was in a habitable condition? Include all amounts owed and unpaid from December, 04 through December, 04, the date of expiration of the three-day notice. VERDICT FORM Total Unpaid Rent: $ 8. Did Plaintiff fail to provide substantially habitable premises during the time period for which Defendant failed to pay the rent that was due? If you answered YES to question 8, then answer question 9. If you answered NO, answer question Did Defendant contribute substantially to the uninhabitable conditions or interfere substantially with Plaintiff s ability to make necessary repairs? If you answered YES to question 9, then answer question 0. If you answered NO, skip question 0 and answer questions and. 0. What are Plaintiff s damages? /// Determine the reasonable rental value of the property from December, 04, the date of expiration of the three-day notice through the date of this verdict. Total Damages: $ Stop

6 . What is the amount of reduced monthly rent that represents the reasonable rental value of the property in its uninhabitable condition? $ Go to question. 4. Which of the following conditions do you find require repair? Please answer YES or NO for each condition listed. Condition Damp/Leaking Ceilings or Walls Holes in the Floor(s YES NO Falling Plaster/Peeling Paint Lack of Inoperable Heat Lack of/inadequate Hot Water Missing or Torn Window Screens Defective Plumbing Bed Bugs Cockroach Infestation Rodent Infestation Missing/Broken Smoke Detectors Common Areas Unclean 4 5 Inadequate Locks Unsafe Stairways Inadequate Trash Collection 6 7 Stop 8 9 Signed: Dated: 0 Presiding Juror After all verdict forms have been signed, notify the clerk/bailiff/court attendant that you are ready to present your verdict in the courtroom VERDICT FORM

7 NOTES 4