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retalitory eviction - now small claims?Halbet?

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J

jrwneedshelp

Guest
Hi all, I posted the results of my day in court on the 10th, but have several questions still unresolved. I hope you can help. Due to the legal resource center for the disabled having cutbacks, my attorney was let go before my day in court and I had to represent myself. Although I had paid my rent, they mailed it back, and then gave me a 3 day notice to pay or quit! In the time before court, the building inspector came out (they had given me my notice as soon as they got the letter from the building inspector) and cited them for 3 code violations, put a big SUBSTANDARD HOUSING - VIOLATION sign on the door, took a picture of it and gave it to me. At that time the inspector told me that at this time no one has jurisdiction over airconditioning as the law is old (I live in CA) and my only recourse was small claims court. At court, we settled, mostly because I was too intimidated and scared and didn't know what my rights were. The settlement was that I would be given another 30-40 days to vacate, I would receive a favorable recommendation (owner stated I had been an excellent tenant but should not have called the building inspector!) and that the airconditioner would be checked, and if necessary, repaired. The next day the airconditioner was checked, but nothing was done. I wrote a letter to the mgrs stating that it was still 90+ degrees in the duplex and under the terms of the settlement I requested it be fixed immediately. The owner came to my door with another man (a witness?) and told me that it was working to its full capacity, they would not replace or fix it as nothing was wrong with it, and I would just have to live with it. I told them that should have been in the rental agreement, that if it gets over 85 degrees you agree the air will not cool the house, resulting in 400-500 electric bills and it will be over 90+ degrees. He stated he did not have to do that and if I didn't "behave" he would kick me out earlier.

I have found a new home and will be moving this weekend. My question is this: as they advertise airconditioning as an amentity in several web sites and phone books,am I liable to pay the last 10 days rent, or can I leave under "construction eviction"? Also, the judge that day told me rent abatement issues were to go to small claims court only, and I would like to pursue that, as well as partial repayment for the outrageous electric bills I've incurred as a result of having to have the air on 24/7. Owner stated they were all like that. He also implied that he has no plans to return my $750 deposit, even though the rental agreement says that after 1-1/2 years tenant will not be liable for cleaning rugs, paint, and cleaning of drapes and mini-blinds. I have caused no damage to this place,and plan to have it cleaned Sunday going by the outline in the original rental agreement, not the 2 page notice he put on my door last week which included washing the walls, etc.

Since they did not keep their end of the agreement about the airconditioner, if I don't pay the last 10 days rent, will we go back to the original judge? will this effect my rights in small claims court?

Any advice is greatly appreciated.

JoW
 


J

jrwneedshelp

Guest
new info-toxic black mold!

this morning on my door was a sign that says "attention Rollingwood Tenants: a building inspector has found old here at the duplex homes that he believes to be stachybotrys (toxic black mold). It is your right as a tenant to be aware there may be toxic mold in your home.

You may contact the owner for resolution OR you may contact a building inspector independently.

How will this now affect my small claims case, rent due, etc?
thank you.
JoW
 

Cvillecpm

Senior Member
Check with Small Claims Court Advisor

CA Small Claims courts have advisors - paralegals, law students. You should call, make appt and discuss your case with the advisor as your EVICTION is in a different court. Realize that just
because you file in SCC, the landlord/attorney can move the case to muni court which means you are in the same boat as before with no attorney.

You may well have recourse with other residents by getting MOLD information and going to attorney as a group of all residents so that landlord has to settle with all of you rather than have vacant buildings.

Good luck.
 

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