Text Message – Tenant Medical and Habitability Disclosure 40 days Prior to 3-Day Notice

Summary

This message from Michael Gasio to the property manager documents ongoing habitability issues, including mold exposure, removal of trees causing light intrusion, and the landlord’s misrepresentation regarding the property’s pet accommodations. Mr. Gasio references his age (71), medical condition, and medication regimen, stating he is no longer making executive decisions due to health limitations. Despite this clear disclosure of vulnerability, the landlord subsequently issued a 3-Day Pay or Quit notice, constituting a likely retaliatory action under California housing law.

Legal Context

• California Civil Code §1942.5 – Prohibits landlord retaliation against a tenant who has exercised legal rights related to habitability or reported conditions to authorities.
• California Health & Safety Code §17920.3 – Defines mold, poor ventilation, and defective electrical systems as substandard housing conditions.
• Fair Employment and Housing Act (FEHA) – Protects against discriminatory eviction of elderly or disabled tenants.
• Federal Fair Housing Act (42 U.S.C. §3604) – Prohibits eviction or harassment based on physical or mental health status.

Evidence Value

This message establishes the following facts:

• Tenant was medicated and not in full decision-making capacity at the time the “new contract” was presented.
• Tenant provided written notice of serious habitability defects (mold, chopped trees, noise/light intrusion).
• Tenant’s health status was known to the landlord prior to the 3-Day Pay or Quit notice, meeting the standard for retaliatory eviction.

Implications

The landlord’s subsequent actions likely violate Civil Code §1942.5(a)(2), constituting retaliatory eviction following a tenant complaint and health disclosure. The correspondence also demonstrates bad faith negotiation and disregard for a tenant’s protected medical status, strengthening claims under both state civil code and federal housing law.