illegal unit

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knight75

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Sacramento county - unicorperated

April 2009 fire in side A of dueplex, totaled unit. side B damage was minimal
May 2009 permit is issued for side A. work valued at 80K
June 2009 permit is issued for side B. work valued at 13k
Oct 10 2009, I rent Side A. unaware of extent of fire. Unit is clean and new.
Oct 20 2009 discover soot blowing out air ducts
Oct 23 2009 Final inspection on unit B.Thru 2010, I am finding thinks wrong w/ unit. Mgr basicly skirts around issues but eventually fixes them.
In Oct 2010 I call the Building Dept and discover that Permit A was never signed off. (cert of occupsncy not issued)
In November 2010 I make request for proof of cert.
In December I give notice that I wont pay rent on an illegal unit.
Evection process, I lose at unlawful detainer hearing but win at request for new trial because owner clsined permit B was good for unit A. I show judge that Permit A (the correct permit for the unit) was never signed off.
Judge has allowed me 30 day to get subopeanas etc. to proof that in fact unit is illegal.

Now: the Plantiff just sent me a "REQUEST FOR DISMISAL" that was 'stamped endoresed' by the clerk. (not 'filed') She had a letter to me saying that there would be no trial. I went to free aid at court house, he said that the clerk told him just then that there was still a trial.
I have all the proof and codes. THe plantiff committed perjury and the judge senses it.
My question is:
I have seen posts saying I can get back all my rent. where is the code or cases to back this up?
I am uot $1000 in legal fees, and of course being forced to move because they lied to the judge about the permit.
I don't think that the judge can or will award back rent. he will say that the unit is illegal since 10-2009. Where do i go for damages?
 
You should get your legal fees and moving expenses IF you ask for them.

I don't think you will find anything that specifically says you are entitled to have the rent that you paid returned, however the judge, depending on the circumstances, can determine a portion of that rent that is to be returned.

Have a look at Civil Code 1942.4 and Code of Civil Procedure 1174.2
 
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