My question involves an eviction in the state of: California

I am a month-month tenant in the state of California. I have been renting this room since Feb. 2011, and should be afforded a 60 day notice to quit before an eviction proceeding should be allowed to take place (assuming I do not qualify for a 3 day notice to quit, which my LL did not press for, nor have cause for).

My landlord already brought me to court (detailed below) and the judge ruled in my favor, but my landlord is still coming after me. I realize I could file for a retaliatory eviction case, but I don't know the first thing about doing that.

I am tempted to just pay my landlord the $1,550 they are asking for, but I am concerned doing that is agreement/settlement and then I wouldn't be able to file for retaliatory eviction, when my landlord likely continues to harass me.

At the same time, I want to respect a properly done 3-day notice, but I have no reason to believe my landlord will stop harassing me, when I make this payment. I have always paid my rent on time, aside from through the course of my landlord harassing me.

If anything, I need some pointers and sound advice, and possibly directions to a good lawyer.


2011-02-15
I took posession of a rented room, paid a prorated rent for February and a deposit of $800.

2012-09-25
I contacted the landlord's agent (Agent, from now on) about house chores and some tension between a housemate and I.
I received no response regarding this issue.

2012-09-25
Hot water heater breaks.
Agent receives many notices from the 7 people living here.
Agent sends email to update housemates the issue is known.

2012-09-26
I attempted to re-light the pilot, without success, emailing Agent of my intention.
Agent was under the impression I was successful, because I mis-mailed my followup.
Several housemates confirm, by email thread, that hot water is still broken.
Landlord stops by to check on it.

2012-09-27
Landlord claims issue will be fixed today.
Landlord claims 2 repairmen came to fix, couldn't fix, so they tried to fix it.
Agent informed us the issue would be resolved on Saturday (2012-09-29)

2012-09-28
I discovered the hot water heater had been dis-assembled in the garage, with all the warning labels ignored.
I took photos of the botched repair attempts.
I sent an email to the landlord, Agent and housemates, including the photos.
Agent emailed me directly and told me to address issues directly with them.
Agent threatened me about my previously admitted use of marijuana on the property.
I addressed Agent's concerns about my marijuana use, informing her I would stop smoking on the premises.
Agent replied, thanking me for respecting her wishes, told me I was a 'great tenant' (her words)

2012-09-29
Hot water heater replaced and working again.

2012-09-30
Agent contacts housemates, asking to leave rent checks in the usual spot.
I asked Agent if it would be alright if I paid $750, instead of $800, for the 5 days without hot water.
Agent replied telling me they do not pro-rate except in the event of moving in and moving out.
I replied, emphasizing I was only asking for $50.
I referred to the repair-deduct remedies afforded tenants.
Agent responded by giving me a 30 day notice to leave, via email, in retaliation for my request.
Agent also claimed 'recent differences' in addition to withholding rent as reason for notice.
I decided to take my rent check (made out for $750) from the drawer, until I could resolve the issue with my landlords.

2012-10-01
Agent contacted me about my rent check not being in the drawer.
Agent told me I had 3 days to make payment, before incurring penalties for 'late rent'.
Agent told me I had 2 options;
1. not pay and be evicted, and have the rent taken out of my security deposit
2. reduce my check to $667 and leave my rental property by the 25th of the month (prorated).

2012-10-04
Agent emailed me to let me know I am 3 days delinquent in payment.
Agent says they will file a 3 day notice to quit, 'forfeiting' the 30 day grace period she 'allowed' me.
Agent told me a 60 day notice is only valid for non-month-to-month renting.
Agent stated if I am incapable of payment, I need to let them know, to avoid a $20 'late fee'
Agent threatened me with a sheriff escort and reporting me to credit bureaus.

2012-10-08
I emailed my landlords explaining why I was withholding rent.
The premises were not fit for renting, due to a lack of hot water.
I offered another settlment; allow me to stay until 2013-01-01 rent free.
Informed landlords I felt unsafe in my home, because they were not acting rationally.
Indicated I would file a case against them for retaliatory eviction.
Later, I discovered it may not be valid to withhold rent after an issue has been resolved.
I capitulated, paying my rent, and sending landlord/Agent an email.
Rent is collected, and I am paid in full.

2012-10-19
Agent contacts me asking me when my move out date is, so they can schedule a walk through.
I asked which move out date they were referring to.
Agent told me that the rental agreement allowed for either party to terminate the lease with a 30 day notice.
There is NO such clause in the rental agreement.
Agent also indicated they are retaining legal counsel and that they will proceed with eviction procedures, 'if necessary.'

2012-10-22
Unknown party contacted me, stating they represent my landlords
I asked the unknown party; 'Who exactly are you?'

2012-10-25
Unknown party identifies themselves as legal counsel for my landlords.
Unknown party is apparently a lawyer from New York City.
Unknown party is not recognized by the California State Bar association.
Unknown party again requested I contact them by phone.
Unknown party indicated they were beginning legal proceedings against me.
I informed them I do not believe they are eligible to practice law in the state of California.
I asked for clarification of what legal proceeding they were referring to.
Unknown party again requested I contact them by phone.
I told them I am not interested in speaking without some sort of record of the conversation.

2012-10-30
I put my $800 check for November rent in the usual collection location.

2012-11-01
My landlord files an Unlawful Detainer against me.
Landlord attempted to enter my room at 08:15 PST, without my permission.
Contacted 'counsel' to advise her to inform her clients they are not allowed to enter my room without my explicit permission.
'Counsel' advised me that since the Unlawful Detainer has been filed against me, I do not have the right to privacy or to defend myself in my home.
I informed 'counsel' that an Unlawful Detainer does not allow a landlord access to the property.
I contacted a lawyer.
Attorney provided me with paperwork to respond to the UD.
My friend mailed the answer to my landlord's UD to my landlord; as the law requires a 3rd party.
Landlord had someone serve me a second copy of the UD

2012-11-02
Filed my answer to the unlawful detainer with the Superior Court.

2012-11-06
Retrieved my un-collected rent check from the drawer; Landlord refused payment for month of November.

2012-11-15
Received my court date from Santa Clara County Superior Court

2012-11-30
Judge ruled in favor of the defendant; my landlord did not follow the proper procedure.

2012-12-01
Agent emailed me indicating I need to pay rent for November and December.
Agent told me that they will file a new 30 day notice (still not legal, has to be a 60 day notice)
Agent indicated they want me to re-sign a lease with a provision for a 14 day 'notice to quit' for any reason, by either party.

2012-12-02
Agent emailed me informing me if they receive no reply from me, they will assume 'disinterest' and serve notice of non-payment.

2012-12-03
I explained via email that I needed some time to think, and consult with an attorney as to what exactly I am legally obliged to pay.
I explained that the last time I had paid as asked, they did not leave me be.
I explained that I had attempted to pay for November, and they turned down my payment, and I am unsure if I am obligated to pay.

2012-12-04
Agent posted 3-day notice to quit on front door, at approximately 16:45.
Notice requires payment to some law firm in San Jose from the hours of 09:00 - 17:00, effectively giving me 2 days to pay.
Payment required / specified is for $1,550; the $50 is itemized as a rent credit, which I originally asked for.