Retaliatory Landlord

[bjobjs]

What is the name of your state? California
I have filed a small claims suit against my landlord for overcharge of rental fees and monetary damages. After seven years of residency, the last year and a half current owner purchased property. My family and I have been constantly abused, accused, berated, etc. by the owners acting agent for the last year. After being verbally assaulted by the agent I received a 30 day termination notice the following day. The reason for the agents behavior towards my family is unbeknownst to us. We are the oldest residence of present and have had nothing to do or say too the agent since her taking up of residence a year ago. Several complaints, written and verbal have been made to the owner in regards to his agents conduct towards us, to no avail.

Upon receiving the notice we contacted the owner questioning his reasoning. His response was that it was time for us to move on, we'd been here long enough.???

He extended our thirty days to sixty days, serving us another thirty days. My question stems from although I have filed a small claims suit against him are we able to also seek legal council for a legal action in another court for the retaliatory termination?

I am inquiring of this because where we are currently residing it is a small town and finding another residency in it is proving to be tougher than we care for. We took up residence here based on our homework seven years ago regarding schooling, social background, etc. Chosing to bring our child up in this environment as the main factor. Now that we are being thrown out we may have to relocate throwing away six years of being established in the community and the best of schooling. Needless to say displeasing us all terribly.

Would someone please advice me what the best route for us to take in regards to this matter.

 

[yoyoma]

Unless you are guarenteed a renewal lease like here in NYC with a rent controled apartment,

the YOU SCEWED UP VERY VERY BADLY!!!!!!!!!!

All that research about the area and you forgot the most important item:

DONT PISSSS OFF THE LANDLORD!

So how much did you sue him for $25,000?

That would be reasonable amount to start with to put YOUR CHILDS HOME IN JEAPORDY!

Anything less then that... boy are you NUTS!

What can you do APOLOGIZE to the landlord BEG for forgiveness DROP the small claims suit, GET a new signed lease.

Offer to pay higher rent.

 

[jlw1000]

Suing the landlord is not a lottery. How come tenants think this is a get rich quick scheme? YOU are a problem tenant. Most landlords are willing to work things out amicably, if a tenant is a good tenant a landlord will usually "go the extra mile" to ensure that tenant remains.

The landlord has a right to terminate your tenancy. You can whine, cry, & fight all you want. But the nastier you are the more determined the landlord will be to get rid of you. Filing another lawsuit is not the answer & will not make you rich.

If you truly want to stay, then you better find a way to make up with the landlord. Drop your frivolous lawsuit(s) and make nice. If you are looking for the easy life, buy a lottery ticket.

 

[clift]

thanks for your advice you gave bjo and I. as stupid and smart mouth as it was, you must be related to the drug using manager. You should go back to school so you can learn the definition of the word advice. Your comedy act stinks

 

[yoyoma]

what comedy act.....you have a kid to protect and you havent' done well in that respect.

So just because the manager is a drug addict doesnt mean that you didnt screw up BADLY...by not having a lease.

 

[jlw1000]

You apparently want to live there virtually rent free. You want to sue the landlord because you don't like the amount you paid for rent, but expect to also be able to live there at the new rental rate you have decided is fair. This would not be acceptable to any landlord. If you do not wish to pay the rental rate the landlord has set, then you find a new place to live.

That's the way things work. If I purchase something I pay the price the store has set. I do not purchase it & then sue the store months after the fact because I thought I overpaid.

 

[CA. Landlady]

bjo.

There are very few areas in CA. were an owner must have a specific reason to serve the resident a notice to vacate. Some of the areas are in LA and SF. You will likely have a very tough time defending the eviction. Sometimes retaliation is a defense but may not be a good enough one in your case. One reason is the landlord extended your notice to vacate. The landlord was not forced to extend it. The court will most likely view the extended notice as good faith on the part of the landlord.

Try caltenantlaw.com for some CA. info. Click on the gavel. It's an attorney's website who has spent many years defending residents.