rainbowkite
Junior Member
What is the name of your state (only U.S. law)?
California
I have so many questions to ask here, lots of separate issues revolving around my situation with my landlord but I'll try to keep it to one at a time. Right now, for the the most pressing question is.... can my landlord actually try to evict me while I'm already moving?
To give all the backstory here would take too long, but it's well known that my landlord is a scam artist. I got in contact with the last tenant who confirmed that she did very similar things to him. The landlord tried to make me sign a contract agreeing to pay her money I never agreed to, then served me with a 3 day pay rent or quit notice when I refused (the same day). Of course, all the charges on the notice were false and I won in court because I could prove I did not owe any money. However, she's been coming over multiple times a week trying to harass me out of the home for about two months now and even said she never would have rented to me if she'd known about my mental disability before signing the contract... which she totally knew about because I let her know my cat is a therapy animal with doctor's note. It seems she wanted to scam me out of money, then got mad when I didn't fall for it and has been trying to hurt me as much as possible until I move out, which I'm finally able to do in two days (3 months before the end of my lease).
Sorry for the length, the backstory is always bubbling to get out as soon as I start talking about it. That's not even all of it. It's just unbelievable what's been happening here and how anyone can be so vicious to someone who never did anything to them. Anyway, yes, so about 5 days ago (within a week of the UD trial that I won) my landlord serves me another 3 day pay or quit notice. It includes the current month of rent that I did not pay (because I was being evicted and she's been breaking the covenant of quiet enjoyment among other things), the late fee for this month (which can technically be included because my lease states any fees are counted as additional rent) and an extra amount of rent for May that I do not owe because she reduced the rent for that month (there had been no hot water for the first week and a half when I moved in, among other problems, though I didn't get the rent reduction in writing. However, she deposited it in her bank without one word if it being a partial payment so I think I'm covered). I am moving out in two days. She has known since before the trial that I am moving at the end of the month. It seems she is trying to use the UD as a way of collecting money from me, because she is already getting the property back.
I called the court today and asked if anything had been filed like a new UD under her name and they said no. It's unlikely she could file one in time to serve me before I leave but it's stressing me out to think about the possibility because I'm moving two hours away. I don't have legal aid, I didn't even know about filing a demurrer or quashing or anything during the first UD (which I should have done as she forced illegal entry into my bedroom to have me served with it and the documents she submitted to the court were altered to the point of being fraudulent). In the event that this crazy person does file for a UD and manages to get me served with it before I leave - probably on the day that I'm driving away with my uhaul - can it go anywhere? What are my options? Thanks so much for your time!
California
I have so many questions to ask here, lots of separate issues revolving around my situation with my landlord but I'll try to keep it to one at a time. Right now, for the the most pressing question is.... can my landlord actually try to evict me while I'm already moving?
To give all the backstory here would take too long, but it's well known that my landlord is a scam artist. I got in contact with the last tenant who confirmed that she did very similar things to him. The landlord tried to make me sign a contract agreeing to pay her money I never agreed to, then served me with a 3 day pay rent or quit notice when I refused (the same day). Of course, all the charges on the notice were false and I won in court because I could prove I did not owe any money. However, she's been coming over multiple times a week trying to harass me out of the home for about two months now and even said she never would have rented to me if she'd known about my mental disability before signing the contract... which she totally knew about because I let her know my cat is a therapy animal with doctor's note. It seems she wanted to scam me out of money, then got mad when I didn't fall for it and has been trying to hurt me as much as possible until I move out, which I'm finally able to do in two days (3 months before the end of my lease).
Sorry for the length, the backstory is always bubbling to get out as soon as I start talking about it. That's not even all of it. It's just unbelievable what's been happening here and how anyone can be so vicious to someone who never did anything to them. Anyway, yes, so about 5 days ago (within a week of the UD trial that I won) my landlord serves me another 3 day pay or quit notice. It includes the current month of rent that I did not pay (because I was being evicted and she's been breaking the covenant of quiet enjoyment among other things), the late fee for this month (which can technically be included because my lease states any fees are counted as additional rent) and an extra amount of rent for May that I do not owe because she reduced the rent for that month (there had been no hot water for the first week and a half when I moved in, among other problems, though I didn't get the rent reduction in writing. However, she deposited it in her bank without one word if it being a partial payment so I think I'm covered). I am moving out in two days. She has known since before the trial that I am moving at the end of the month. It seems she is trying to use the UD as a way of collecting money from me, because she is already getting the property back.
I called the court today and asked if anything had been filed like a new UD under her name and they said no. It's unlikely she could file one in time to serve me before I leave but it's stressing me out to think about the possibility because I'm moving two hours away. I don't have legal aid, I didn't even know about filing a demurrer or quashing or anything during the first UD (which I should have done as she forced illegal entry into my bedroom to have me served with it and the documents she submitted to the court were altered to the point of being fraudulent). In the event that this crazy person does file for a UD and manages to get me served with it before I leave - probably on the day that I'm driving away with my uhaul - can it go anywhere? What are my options? Thanks so much for your time!
