Retaliatory Eviction Proceedings

[zarmstrong]

I am based in California and recently have had some problems with my landlord that led them serving me with an eviction notice which I believe that they were wrong to have done in the first place because it was retaliatory (for a complaint I had made 6 weeks earlier) and that I offered to pay my rent on three seperate occasions prior to them filing the eviction - once one day after due date with personal check they said I had to come back with cashiers check, this was a Saturday, on Monday they had put a three day notice on my door. I obtained the cashiers check and took it to them and they said oh we cant accept it because you havent included the late fee. I went back to the bank and got the late fee and took it back down but this was one day after the three day notice expired so they had said oh we cant accept it as we have sent everything over the lawyer. On Sat they served an eviction notice. I called them and they said oh if you pay us attorneys fees we will make it go away which is what I did. Now my attorney is telling me that by doing this I basically agreed to everything and have no case and that it will show on my credit report for seven years. Do I have no come back whatsoever for this? Can I not countersue for unlawfully filing the eviction notice after three attempts to pay rent and for clearly being retaliatory about my complaint 6 weeks earlier. I should add that I have lived here for 1.4 years and have never been later before.

Any advice would be much appreciated.

 

[Alaska landlord]

Your attorney is trying to screw you. You paid, and so it's over. There is no eviction and the process has been stopped.
Speak to management about your concerns.

 

[Cvillecpm]

TRYING only counts in horse shoes....you DID NOT PAY YOUR RENT!!! After you paid rent, late fees AND attorney fees, you should have asked them to DISMISS THE CASE WITH PREJUDICE - meaning it goes away and can't bring it again...get a better attorney

 

[CA LL]

Ooops duplicate see below.

 

[CA LL]

You do not have a case for unlawful filing. Since you did not offer to pay the full amount due until AFTER the legal expiration of the 3 day they did NOT have to accept it at that point and it is "normal" to file then that day via an eviction firm.

Have you ever bounced a check? What is the method of payment outlined in your rental agreement? I am curious as to why they required cashier's check...seems there is PROBABLY a reason for it OR it is spelled out in the rental agreement.

What did you "agree" to when you paid in full with attorney fees? Did you sign anything? Unlawful detainers are temporarily sealed in CA for 60 days to protect tenants in case the case is dismissed. If it is, then it can be permanently sealed if this happens in that 60 days.

You say you have an attorney. A "real" attorney would be more than aware of that protection in CA AND the eviction process, etc. But yet you couldn't/didn't pay the rent when due. Is this a free legal aide attorney? Or...??? Retaliation would be a proper defense to an eviction NOT FOR NON PAYMENT though...and it must happen after you filed a complaint with a public agency, etc. typically.

If you have an "attorney" who actually knows LL/Tenant law then why did you act w/o that attorney's advice?

Lots of questions here but rightfully so.

 

[zarmstrong]

Thanks for all of your responses. To clarify some of the questions that came up, yes I know I was wrong to have paid my rent late. I have always paid my rent on time but that weekend I had a lot of personal stuff happen and simply forgot to take the rent down to the leasing office, obviously something I will be more careful of going forward.

Legally I belive that trying to pay your rent (in full) prior to an eviction notice being filed does count for horse shoes and legally they are not supposed to refuse it whether it included the late fee or not.

I didn't sign anything when I paid them the attorney fees but I had them give me a receipt saying that the eviction process was ended and my attorney is working with them on getting the formal dismissal. Obvioulsy now I wish I never paid and went to court because I had a case. However I did but now I dont want it on my public record for the next 7 years when I feel they were wrong to have filed it the first place.

My attorney says that these things can't be expunged or sealed is this correct?

 

[Alaska landlord]

I had a lot of personal stuff happen and simply forgot to take the rent down to the leasing office, obviously something I will be more careful of going forward.

Though I can see how it can happen, it means little to nothing to your landlord. Your personal problems are not his concern.

Legally I belive that trying to pay your rent (in full) prior to an eviction notice being filed does count for horse shoes and legally they are not supposed to refuse it whether it included the late fee or not.

Actually,unless state law indicates otherwise, they are not required to accept anything but the full rent.

Obvioulsy now I wish I never paid and went to court because I had a case.

A case you would have lost.

My attorney says that these things can't be expunged or sealed is this correct?

Don't know, but tend to agree.

 

[CA LL]

Umm...please READ my post, answer the questions there and then see if you don't understand a bit better.

In CA a LL CAN refuse the full amount owed if not paid within the three days.

In CA UD cases are temporarily sealed for 60 days and if formally dismissed in that 60 days sealed for good.

But I'm repeating myself...and I have no idea what "attorney" you are using but since you did not answer the questions I posed AND seemingly did not READ the reply I gave specific to CA law...I don't think I'll keep on repeating myself.