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tskm

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Hi,
I have a tenant trying to block my efforts to get him to vacate. His bathroom mold complaint conforms with the required timing in California Civil code section 1942.5. The complaint, unbeknownst to me, was made PRIOR to my certified mailing to tenant to vacate, but I learned of the complaint, via certified mail, long after my certified notice to tenant to vacate was received by him.
Upon receiving the complaint by certified mail from the environmental health department, I was able to demonstrate satisfactorily that the vinyl discoloration on the bathroom floors (a condition which the tenant created through his direct actions, but denies) was NOT due to mold. The inspector has as a result closed the case without any abatement action required by me, the landlord. 

My question is whether this negative mold finding, and subsequently closed case status negates the validity of retaliatory defense by the tenant, or can he still legitimately challenge my notice for him to vacate (without specified cause) the property. 

Please note: I have various hunches on this. The feed back I am seeking is from someone with something more. I would appreciate hearing from someone who has either a similar experience, or a legal background in this area. Thank You.



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