retalitory eviction need help please!

[jrwneedshelp]

I live in CA, have rented a duplex for 2 years, month to month, am disabled, have 2 children. The first month we moved in my ceiling leaked to the point of flooding my bedroom and ruining my bedspread. Long and short of it is this, after 2 years of written pleas for fixing the ceiling and airconditioning, I finally contacted the building inspector's office. They sent a letter out on a Friday, the ceiling was repaired on a Wednesday, painted on the next Friday, and I was handed my 30 day notice the following day! In addition, the airconditioner was finally looked at, no free-on for two years (maintenance man's admittance!) I was given a prorated amout for rent, which I ignored on the advice of the legal resource center for the disabled/elderly and sent the entire month's rent. After 3 days of the mgrs ringing my doorbell, they sent my rent check back and put a 3 day notice to pay rent or quit on my door! I did not pay, again, after talking to the legal resource center who said payinig the prorated amout would mean I agreed with the 30 day notice, and as it was retalitory and illegal, not to do so. We are now scheduled to go to court on June 12th for unlawful detainer, the airconditioner worked for about 2 days, it is over 90 degrees in here every day and my daughters and I have asthma and allergies, and the heat causes my youngest to have nose bleeds almost daily.
I have now been informed by the legal resource center that they are not representing me, I am pro per, they just filed my response. help! What do I do in this situation when I have always paid my rent on time, and until I exhausted all other avenues by written communication as required by mgrs, which were ignored, I am now being evicted! I have no family and no deposit money to even look for a place! Any advice is greatly appreciated!

 

[happylucky]

Not much you can do except SELL EVERYTHING YOU OWN to raise some cash!

I hate to say this but YOU caused YOUR problems........

HUH thats mean..........

NO.. you called an Inspector WHEN YOU HAVE NO LEASE...DUH!

So it's not really retallitory, its giving you, your proper notice to vacate.

So you are in a bind.....and No family? You mean there are No parents, No fathers, no grandparents, no aunts or uncles that have someplace to let you stay?

Dont your kids have christmas, birthday, graduation, Thansgiving, easter,etc etc... parties? someone must have a couple of hundred to lend you so your not in a homeless shelter...

Next time Grasshopper.....you will NEVER rent without a lease.

 

[Cvillecpm]

Ignore Previous Post

In CA, landlord can not raise rent, decrease services or terminate your lease for 180 days after your reporting issues to building inspector.

You need to get attorney ASAP as you have an EXCELLENT case for retaliatory eviction. You do, however, need an attorney to subpeona the building inspector and getting all of your evidence into court. Landlord's won't be expecting this so do ASAP. Call Legal Aid and the resource center you have consulted. They may well have names of attorneys who will do pro bono (free).

Also, call your local media - tv and newspapers - and outline what has happened and why. They may want to follow your case to the end as a "human interest" story.

Good luck.

 

[happylucky]

Here is the law....

But the way i read it..... landlord can try and evict becuase you have NO LEASE.... He gave you your 30 day notice.....

What this really is for is for someone who has a vaild long term lease.

The landlord can argue he wants the place empty so he can fix it up to code...and the judge will agree.

________________________________________
1942.5. (a) If the lessor retaliates against the lessee because of
the exercise by the lessee of his rights under this chapter or
because of his complaint to an appropriate agency as to tenantability
of a dwelling, and if the lessee of a dwelling is not in default as
to the payment of his rent, the lessor may not recover possession of
a dwelling in any action or proceeding, cause the lessee to quit
involuntarily, increase the rent, or decrease any services within 180
days:
(1) After the date upon which the lessee, in good faith, has given
notice pursuant to Section 1942, or has made an oral complaint to
the lessor regarding tenantability; or
(2) After the date upon which the lessee, in good faith, has filed
a written complaint, or an oral complaint which is registered or
otherwise recorded in writing, with an appropriate agency, of which
the lessor has notice, for the purpose of obtaining correction of a
condition relating to tenantability; or
(3) After the date of an inspection or issuance of a citation,
resulting from a complaint described in paragraph (2) of which the
lessor did not have notice; or
(4) After the filing of appropriate documents commencing a
judicial or arbitration proceeding involving the issue of
tenantability; or
(5) After entry of judgment or the signing of an arbitration
award, if any, when in the judicial proceeding or arbitration the
issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest
applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke the provisions of subdivision (a) more
than once in any 12-month period.
(c) It shall be unlawful for a lessor to increase rent, decrease
services, cause a lessee to quit involuntarily, bring an action to
recover possession, or threaten to do any of such acts, for the
purpose of retaliating against the lessee because he or she has
lawfully organized or participated in a lessees' association or an
organization advocating lessees' rights or has lawfully and peaceably
exercised any rights under the law. In an action brought by or
against the lessee pursuant to this subdivision, the lessee shall
bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any
way the exercise by the lessor of his rights under any lease or
agreement or any law pertaining to the hiring of property or his
right to do any of the acts described in subdivision (a) or (c) for
any lawful cause. Any waiver by a lessee of his rights under this
section shall be void as contrary to public policy.
(e) Notwithstanding the provisions of subdivisions (a) to (d),
inclusive, a lessor may recover possession of a dwelling and do any
of the other acts described in subdivision (a) within the period or
periods prescribed therein, or within subdivision (c), if the notice
of termination, rent increase, or other act, and any pleading or
statement of issues in an arbitration, if any, states the ground upon
which the lessor, in good faith, seeks to recover possession,
increase rent, or do any of the other acts described in subdivision
(a) or (c). If such statement be controverted, the lessor shall
establish its truth at the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section
shall be liable to the lessee in a civil action for all of the
following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred
dollars ($100) nor more than one thousand dollars ($1,000) for each
retaliatory act where the lessor or agent has been guilty of fraud,
oppression, or malice with respect to such act.
(g) In any action brought for damages for retaliatory eviction,
the court shall award reasonable attorney's fees to the prevailing
party if either party requests attorney's fees upon the initiation of
the action.
(h) The remedies provided by this section shall be in addition to
any other remedies provided by statutory or decisional law.

 

[jrwneedshelp]

Cvillecpm: I do have reports from the building inspector, who by the way, didn't come out until last week,3 weeks AFTER I was given my notice, he cited them for no weatherstripping on the doors and windows, and a problem with the faucet in my bathroom, he then told me that even though we live where it is over 90 and often 100 degrees throughout most of the summer, NO ONE has jurisdiction over airconditioning, and my only recourse was to go to court for "warrenty of habitability". I also have the log of the day I called, the day the letter was sent out to them, and the date of inspection. I also know that I am not the first one to be given a 30 day notice for this, but the others were not in my situation, were married, had jobs, etc. and moved. I have 2 letters from them that their airconditioning also did not work and the landlords ignored their requests to fix, and when they called fair housing, who told them to call the building inspector (just like me) they were given their notices. By the way, I did call Call 3 (the local news station) first to find out how to go about this, and called them back when I was given my notice, they said if they needed stories they would call me back, any suggestions on how to get them out here? Thank you so much for your help! I can't tell you how much I appreciate it!

Happy Lucky,
believe it or not, some people do NOT have living family members, and I don't need your attitude! How can they argue to the judge they gave me my notice so they could fix up the place when the building inspector hadn't even come out yet? They have a lawyer on retainer so they knew my only recourse for the airconditioner was court, I had to find out the hard way, please don't answer with anymore of your attitude..

 

[happylucky]

WOW you are the FIRST person i know that has NO family members...

Imagine No parents grandparents aunts unlces, nieces nephews no one....no Xmas with lots of presents or birthdays.. No big Thansgiving dinners..no birthday parties

Didnt anyone die in your family and had some money? Didnt anyone leave something for your kids... life insurance, social security death benefits ?

Wow all poor people too....what next they were in jail too!

Do you see How unbeliveable that is?


So YES the landlord can give you 30 days to vacate for ANY REASON... And the landlord Did just that....

And by griping and bitchhhin too much, you are a problem tenant so lets get rid of them...

And why didnt you just BUY a AC for the window? I have 2 A/C's still sitting in my parents basement in case i need them, this apartment came with A/C.

So Yes this will be a very expensive lesson in LIFE SKILLS!

 

[jrwneedshelp]

to HappyLucky

what part of I don't want you to reply didn't you understand, it may be unbelieveable, but it is true, my girls and I are alone, save for friends that have their own family and life problems, and have been very supportive through this ordeal, why do you feel the need to feed your ego putting other people down. Not that it is any of your business, but no, I don't have any family in jail, and yes, there were wills, how do you think I got the money to rent this place? I was severely injured in a car accident hit headon by a drunk driver, and after working 22 years, it took 2=1/2 years to get my SSI, lost my home, my car, sold my furniture, etc to suupport my kids. please leave me alone. you obviously get your kicks putting others down. you have no idea what our life is like and I would appreciate it if you would just leave me alone!

 

[happylucky]

Well finally we get somewhere.....now i will apologize...

Now you know you can work while you get disability....you can earn over $700 a month for 6 months before you would be inelgigible......or up to $700 forever and thats AFTER you pay for therepy or medicines....

So why not find a landlord who is Proud of his property?

And with a month to month lease....YOU made the choice to live in squalor, since you could have given your 30 days notice to vacate at any time.

and Now that the landlord has given you a 30 day notice you get upset.

I do wish you luck.....

[Edited by happylucky on 07-01-2001 at 08:09 PM]

 

[jrwneedshelp]

I wish I believed the apology was heartfelt, but here is the problem with it, first you assume that I am able to do any work at all, which I would give anything to be able to go do but when I said severely disabled, I meant it, I can hardly walk, secondly, as I have rented 2 other places each over 2 years at a time since I lost my home and never had any problems with repairs, maintenance, etc, those places were great and I only left after rent increases forced me to!I might have been naive,I did believe all mgrs were proud of their properties, but due to a decision by my ex to stop working a year ago and not pay child support, I COULD NOT have moved at anytime and given my notice, don't you think I would have had I been able to? He is now dying of cancer diagnosed in Feb. but until he does, there is no survivor benefits for the girls and I. Not that I wish that on him. Why are you assuming that everything in life is a choice, sometimes they are made for you, and you do the best you can, which is what I've tried to do in this situation. Just 4 weeks before being given my notice, I was offered a bigger duplex by the same mgrs, does that sound like I have been a problem tenant? I do not feel it is unreasonable to request repairs in writing and after a reasonable time have them repaired! On another website, this same management company is advertising these duplexes and listed as features: AIRCONDITIONING!! FIRST ONE!
In the meantime, I have had my rent increased $150 over these two years, all I wanted was to pay my rent, have broken things repaired, and be left alone.
Just so you comprehend this, the way you end up with no family is by your parents being only children, you being an only child, and when they and your grandparents are dead, that is it. I did have great aunts and uncles, also long dead, who had their own families, maybe I have some distant cousins somewhere, but do you really feel it is feasable to track them down and ask for help when I have never met them?
Sometimes life is hard, sometimes it is unfair, it is NOT always the person's fault! But I will survive this, and would appreciate sincerity and genuine help for all those that post to these boards looking for just that.

 

[happylucky]

AHHHHHH you got it.....

Air conditioning on the advertisment for the apartments...

That is the kind of proof you need to show a judge....

Print the pages make copies........


This is not easy for you and i'm sorry, but it is also true that month to month tenants do not have very many rights anywhere when renting.

Its only when you have a lease that you can really hold the other side accountable.

And you have learned that a lot of people do not care about their property, it is treated as a cash cow, and the less spent on it the better.

I've lived in places like you're in now....thats why i get so upset over people just staying there for years... And at Redneck Landlords who treat tenants as scum.

So its useless to fight them in their Office, you have to do it in court, you still may lose but at least you will hopefully have a judge who is fair....and will either reduce your rent and give you some time to find another place.

 

[APer007]

Ok..I just had to reply. First of all, I wish jrwneedshelp the best of luck! I really hope that this situation works out and you are able to stay in your apartment or are able to find another one. In any case, I'm sure that things will work out in the end. As to Happylucky, I can't believe some of the things you have said!!! You really need to work on your communication skills with other people. This is a legal web site, and you have no right to get involved with anyone's personal life (especially when you make rude, inconciderate remarks)! This web site is set up to help people with legal questions...not to insult them with childish, uneducated comments (as you do in so many of your responses). Happylucky, you really need to grow up and learn to be respectful.

 

[Stocky]

Really sad sub human...

HappyLucky,

You are the saddest excuse for a human being that I have ever come in contact with...in probably 40 years.

I really feel sorry for you.

In all these forums, you berade and shoot down people in trouble, and act as if you're some big shot who really knows what he's talking about.
When you're nothing but a phoney dope!

"Look at me...Look at me...l.look at me !!!!" is your signature.

"What goes around" will hit you real hard some day and I regret not being able to be there when it does.

You are a disgrace to the oriental people of the world!

Now do the world a favor ...and "Go Away!"
You're not wanted......anywhere!
These boards, "or" the real world either.

Sincerely,
Stocky

 

[happylucky]

OH POOR poor stocky.......

I am just proving that we as AMERICANS are so ill informed about our legal responsibilites becuse WE refuse to have civics taught in our schools.

If we had an educational system that taught us about the Good Ole US of A. And About OUR responsiblitites as CIITZENS, and as CONSUMERS then.......

90% of the people posting here would NOT be here, because they would have known better.

So how do you get through 40 years of ignorance?



[Edited by happylucky on 07-04-2001 at 12:35 PM]

 

[poprocks]

Kudos on the pissing contest. Apparently the civics classes you are so adamant about must have taught you that your duties and responsibilities as a citizen of the Good Ole U.S. of A is to verbally crap and regurgitate the same little sound bites over and over and over again [yawn].

This site [and many others like it] is here specifically because there are people who don't know better ... they did not receive the same mail order PHD in law as you apparently have. So they don't know the laws but they do know a little bit more than you because they have found other things to do in their day besides trying to start a Jerry Springer cock fight in a landlord and tenant message board.

Next time you actually leave your cave, pick up some spackle to mend that chip on your shoulder. In the mean time, let those who need some help alone … and get some of your own, too.

... good luck!

[Edited by poprocks on 07-06-2001 at 09:48 PM]