Feb. 18, 2009 — Legal Aid of Sonoma County volunteer attorney Richard Koman successfully defended a family in an unlawful detainer action against them. The family — two parents and four small children — have been living for two years in a house apparently infested with mold and rats. The family regularly bleached and painted the walls to hold back the mold at their own expense but could no longer afford to do so after the father lost work as a painter. The family had to abadon the bedrooms because they were so infested with mold and were all camped out in the front room of the house.
The family had ceased paying rent in November 2008 and the landlady brought an unlawful detainer suit against them. In a hearing before Judge Mark Tansil of the Sonoma County Superior Court, Koman showed the court that the landlord’s suit must be dismissed because it alleged thousands more than were actually due. The court gave the tenants three weeks to vacate and dismissed the suit, pending a review hearing that they actually move out.
A note to tenants: The court did not consider the family’s habitability claims because they never made a complaint in writing about conditions. The family was afraid of losing housing so they didn’t complain. While many tenants might have similar fears, the lesson is that you can’t assert your rights if you don’t create a record of the problems!
MCV-201805
