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	<title>Comments on: Unlawful detainer</title>
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		<title>By: Randy Hepworth</title>
		<link>https://www.rentalprotectionagency.com/tenant-rights/unlawful-detainer#comment-1364</link>
		<dc:creator><![CDATA[Randy Hepworth]]></dc:creator>
		<pubDate>Thu, 02 Apr 2009 11:58:41 +0000</pubDate>
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		<description><![CDATA[Even though you complied with the 3 day notice it is possible for the management company to seek damages if you ended the agreement prematurely.  No, filing the unlawful detainer is not considered retaliatory-- it is the required court action to move tenants out after an eviction has been served.  
If your landlord does file another suite you could be in trouble, unless you can prove that they breached their contract by not providing a habitable space.  By the way-- they have pretty good proof if they can show the courts that they paid to have the unit exterminated at your request.  It can be tricky to get a judge to listen to you.  
The best option is to try to work it out with the landlord before it goes to court.  See what they are trying to charge you and why.  It is always easier and less expensive to negotiate outside of court.  In fact the RPA can mediate for you.  You will need to file a landlord complaint by clicking on the &quot;file complaint&quot; link at the top of this page.  RPA Mediation will be probably the most fair option.  (You will have to pay a minimal filing fee-- I think its around $30)]]></description>
		<content:encoded><![CDATA[<p>Even though you complied with the 3 day notice it is possible for the management company to seek damages if you ended the agreement prematurely.  No, filing the unlawful detainer is not considered retaliatory&#8211; it is the required court action to move tenants out after an eviction has been served.<br />
If your landlord does file another suite you could be in trouble, unless you can prove that they breached their contract by not providing a habitable space.  By the way&#8211; they have pretty good proof if they can show the courts that they paid to have the unit exterminated at your request.  It can be tricky to get a judge to listen to you.<br />
The best option is to try to work it out with the landlord before it goes to court.  See what they are trying to charge you and why.  It is always easier and less expensive to negotiate outside of court.  In fact the RPA can mediate for you.  You will need to file a landlord complaint by clicking on the &#8220;file complaint&#8221; link at the top of this page.  RPA Mediation will be probably the most fair option.  (You will have to pay a minimal filing fee&#8211; I think its around $30)</p>
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