Questions regarding Landlord

[Alaska landlord]

That was a typo. Thanks for the correction, but your advice is irresponsible. A homeowner can advertise as she or he wishes. The tenant does not get to choose the manner in which the sale or renting of a home is done. You will not find any lease that will describe how a landlord will advertise the availability or method a home will be put into the market. OP has already indicated that the LL claims that he is in default for lying on the lease or application and that he has an unauthorized animal. Whether her claims have merit or not is for a judge to decide. Why would you want him to give her ammunition?
All OP has to do is insist that she give proper notice. He can place a sign on his door that no one will be allowed entry without an appointment. The point is that he has to come to court not as a combatant tenant but as a victim of an irrational LL.

 

[ariastar]

She can try to evict, but she'd have a hell of a time explaining to a judge that the reason for eviction is that the tenant refused to pay a deposit in addition to what he already paid in accordance with his lease, in addition to explaining why she's demanding an additional deposit when she's already charged $1,000 more than is legally allowed.

I wouldn't be surprised if she ended up owing the tenant not only $1,000 back immediately, but some additional punitive money.

Renter02, you have the right to remain in the home for the remaining duration of the lease. She can try to evict you, but it will come down to a judge's determination, and things aren't exactly on her side.

 

[sandyclaus]

Clarification needed?

She can try to evict, but she'd have a hell of a time explaining to a judge that the reason for eviction is that the tenant refused to pay a deposit in addition to what he already paid in accordance with his lease, in addition to explaining why she's demanding an additional deposit when she's already charged $1,000 more than is legally allowed.

I wouldn't be surprised if she ended up owing the tenant not only $1,000 back immediately, but some additional punitive money.

Renter02, you have the right to remain in the home for the remaining duration of the lease. She can try to evict you, but it will come down to a judge's determination, and things aren't exactly on her side.

The LL has already suggested that she will use that cat as her reason (read: JUSTIFICATION) for breaking her tenant's lease. You know, the neighborhood cat that he doesn't own but has been seen sunning in his yard? Doubtful that she will admit that she's really evicting him because he won't hand over yet MORE deposit money over & above what he's given already (which already exceeds legal limits). Although, she could be so bold (read: STUPID) as to say that outright, my bet is if she hires a lawyer, the attorney won't let her.

Unfortunately, I don't believe the law provides for punitive damages just because the LL overcharges a security deposit. He may get interest if it's discovered that the LL has it stored away in the bank, but that would be a long shot. I'll bet that the LL herself has already spent those funds, has found herself in a financial bind of her own, and wants to seize this opportunity to exploit her LL/tenant relationship to try and extort additional money to cover her own expenses. Doesn't make it right but certainly could explain some things.

If the tenant can afford it, probably a very good idea here is to hire a lawyer to protect his interests here. The attorney can tell him more what LL can and can't do, and what tenant can and can't expect to happen. Plus, when it does come to the court case, a win against her retaliatory eviction claim almost certainly guarantees getting back his attorney fees and costs of defending himself against those illegal actions.

 

[Renter02]

Some more info

Alaska Landlord I am a beautiful young woman....lol, not a man, just for clarification not that it matters.

With the help of this forum and researching I am confidente that if it did go in front of a judge, I would win, yes I would win. I did in no way shape or form violate our lease agreement. The cat belongs to an older lady that lives the next house over. She is holding too much deposit money already and her threats are harrassing.

I will be vacating the property at the end of October because I have good credit and a good job and will find another place and take this as a lesson learned about this wacko landlord who is young and dumb and does not know what she is doing.

I am sure that I will have problems getting my deposit back so I am preparing and getting my ducks in a row for that.

I had to take the sign off the lawn around 9 p.m. last night people are rude and keep knocking on my door. I did post a "please do not disturb tenant" sign on my door. I put the lawn sign out again around 8 a.m. this morning.

I did walk out this morning to find the landlord's father sitting out front in his truck. He got out and told me he was going to check the sprinkler system and look around the yards. I can see how it is going to be already.

Landlord did give me only a 30 day notice to vacate the property.

Thanks guys

 

[Renter02]

The LL has already suggested that she will use that cat as her reason (read: JUSTIFICATION) for breaking her tenant's lease. You know, the neighborhood cat that he doesn't own but has been seen sunning in his yard? Doubtful that she will admit that she's really evicting him because he won't hand over yet MORE deposit money over & above what he's given already (which already exceeds legal limits). Although, she could be so bold (read: STUPID) as to say that outright, my bet is if she hires a lawyer, the attorney won't let her.

Unfortunately, I don't believe the law provides for punitive damages just because the LL overcharges a security deposit. He may get interest if it's discovered that the LL has it stored away in the bank, but that would be a long shot. I'll bet that the LL herself has already spent those funds, has found herself in a financial bind of her own, and wants to seize this opportunity to exploit her LL/tenant relationship to try and extort additional money to cover her own expenses. Doesn't make it right but certainly could explain some things.

If the tenant can afford it, probably a very good idea here is to hire a lawyer to protect his interests here. The attorney can tell him more what LL can and can't do, and what tenant can and can't expect to happen. Plus, when it does come to the court case, a win against her retaliatory eviction claim almost certainly guarantees getting back his attorney fees and costs of defending himself against those illegal actions.

Yes, I do think all of this might be what is happening. I really do believe that because I did not report my layoff to her she feels somehow betrayed, not sure if that is the right word. She has told me in the past that she has a phobia of cats too, which I did not really care about because I do not have one myself. Should I have reported my layoff right away to her? I had been with the company for years and was upset and dealing with it privately. But I don't see that being a breach of the lease since there is nothing in there saying so. I will probably do a consult with an attorney.

I also believe she wants to get a lot more money for the rental unit. She is money motivated and emotionally motivated I believe. She is a screamer and not professional at all.

I am going to move on and get a better place. You know what they say when one door closes another opens up or a blessing in disguise.

Thank you Sandyclaus

 

[Banned_Princess]

Yes, I do think all of this might be what is happening. I really do believe that because I did not report my layoff to her she feels somehow betrayed, not sure if that is the right word. She has told me in the past that she has a phobia of cats too, which I did not really care about because I do not have one myself. Should I have reported my layoff right away to her? I had been with the company for years and was upset and dealing with it privately. But I don't see that being a breach of the lease since there is nothing in there saying so. I will probably do a consult with an attorney.

I also believe she wants to get a lot more money for the rental unit. She is money motivated and emotionally motivated I believe. She is a screamer and not professional at all.

I am going to move on and get a better place. You know what they say when one door closes another opens up or a blessing in disguise.

Thank you Sandyclaus

Unless your lease specifically states that she has to be informed of any loss of employment, you dont have to tell her a darn thing. And I sure would not have, and I surely would not have provided all that financial info. Thats private and personal information, as a mortgage underwriter maybe your used to that kind of demand, but you are not taking out a mortgage to purchase the property, you are renting it.

Good luck in the future, Maybe you might think of buying your own home, I hear it is a great investment.

 

[Renter02]

Unless your lease specifically states that she has to be informed of any loss of employment, you dont have to tell her a darn thing. And I sure would not have, and I surely would not have provided all that financial info. Thats private and personal information, as a mortgage underwriter maybe your used to that kind of demand, but you are not taking out a mortgage to purchase the property, you are renting it.

Good luck in the future, Maybe you might think of buying your own home, I hear it is a great investment.

Hi BP, thank you for answering my question. My lease specifies nothing about loss of employment. I was actually thinking the same thing when I was supplying my financial info but did it anyway because I think you are right I am used to asking it so much myself. I underwrote my own income and knew it would not be a problem if she was trying to qualify me again for renting the home. I would love to purchase a home and will someday after I save up enough for the down payment. Thanks again.

 

[Alaska landlord]

Unless your lease specifically states that she has to be informed of any loss of employment, you dont have to tell her a darn thing. And I sure would not have, and I surely would not have provided all that financial info. Thats private and personal information, as a mortgage underwriter maybe your used to that kind of demand, but you are not taking out a mortgage to purchase the property, you are renting it.

Good luck in the future, Maybe you might think of buying your own home, I hear it is a great investment.

Asking for an update on her employment status is not an unusual request, even if not specified in the lease agreement. A landlord has a right to know if the tenant is capable of paying the rent in the near future. The other stuff like severance package might be a little over board, but I can see that with a new employment and being on a temporary status it would be a legitimate request.

Sure, the LL sounds a bit of a wacko, but people keep on posting stuff here that is out of the norm and not applicable in other circumstances.

 

[sandyclaus]

Legal notice to terminate

Yes, I do think all of this might be what is happening. I really do believe that because I did not report my layoff to her she feels somehow betrayed, not sure if that is the right word. She has told me in the past that she has a phobia of cats too, which I did not really care about because I do not have one myself. Should I have reported my layoff right away to her? I had been with the company for years and was upset and dealing with it privately. But I don't see that being a breach of the lease since there is nothing in there saying so. I will probably do a consult with an attorney.

I also believe she wants to get a lot more money for the rental unit. She is money motivated and emotionally motivated I believe. She is a screamer and not professional at all.

I am going to move on and get a better place. You know what they say when one door closes another opens up or a blessing in disguise.

Thank you Sandyclaus

You should know that if you haven't found a new place you like by the end of that 30 day notice, you are under no obligation to move yet. CA law requires a 60 day notice for any tenants occupying the property for longer than a year. Plus, if you move voluntarily, she could turn around and argue that YOU broke your lease, and use this as just another excuse to keep your deposit.

Just watch yourself. She's only going to different tactics to get what she wants and its already apparent that she doesn't care about the legality of those actions.

Sorry that you have to go through this. Keep a good attitude and just be sure to protect yourself every step of the way. Forewarned is forearmed against the likes of that unscrupulous and irrational LL.