California:
Active Duty military due to move early next year. We had an electrical cord short in the middle of the night and cause a small burn mark on the carpet. I notified the landlord of the cause and that we would need to discuss the replacement of the >10 year old builder grade carpet. The landlord brought over an electrician to test everything and told me I was responsible for the bill without asking me beforehand whether I would pay or whether I wanted another electrician, etc. I disagreed and returned her bill with a letter explaining that the electrician charge was a landlord requested investigation and not a "tenant caused maintenance" (her words) item.
The only reponse was a 60-day termination of lease, normal mail, not certified, to vacate no later than 30Sep13. The following info applies:
- She is not returning my calls
- There is very little housing available commercially in the area, especially with pets (Two 15-lb dogs, very good behavior)
- 3-6 month waiting period for military housing
- I have full documentation of all of the above.
- My best case scenario would be to avoid two moves within the next 8 months.
- My wife is currently out of the area dealing with a severely injured family member who may or may not die in the next 45 days. She may not be back in sufficient time to assist moving.
A few questions:
1) This appears to be retaliatory eviction/termination. Is it worth pursuing and can I pursue without black marks (so that I can rent at my next duty station?)
2) I know I have the ability to petition for a stay of eviction under the SCRA, but that requires an eviction to be filed. I would prefer to avoid an actual eviction.
3) Would it be worth hiring a lawyer to negotiate an extension?
4) Do I need to pay rent until 30Sept if I move earlier than this date?
Any other tips or advice?
Active Duty military due to move early next year. We had an electrical cord short in the middle of the night and cause a small burn mark on the carpet. I notified the landlord of the cause and that we would need to discuss the replacement of the >10 year old builder grade carpet. The landlord brought over an electrician to test everything and told me I was responsible for the bill without asking me beforehand whether I would pay or whether I wanted another electrician, etc. I disagreed and returned her bill with a letter explaining that the electrician charge was a landlord requested investigation and not a "tenant caused maintenance" (her words) item.
The only reponse was a 60-day termination of lease, normal mail, not certified, to vacate no later than 30Sep13. The following info applies:
- She is not returning my calls
- There is very little housing available commercially in the area, especially with pets (Two 15-lb dogs, very good behavior)
- 3-6 month waiting period for military housing
- I have full documentation of all of the above.
- My best case scenario would be to avoid two moves within the next 8 months.
- My wife is currently out of the area dealing with a severely injured family member who may or may not die in the next 45 days. She may not be back in sufficient time to assist moving.
A few questions:
1) This appears to be retaliatory eviction/termination. Is it worth pursuing and can I pursue without black marks (so that I can rent at my next duty station?)
2) I know I have the ability to petition for a stay of eviction under the SCRA, but that requires an eviction to be filed. I would prefer to avoid an actual eviction.
3) Would it be worth hiring a lawyer to negotiate an extension?
4) Do I need to pay rent until 30Sept if I move earlier than this date?
Any other tips or advice?