being harrassed by landlord

[missfairylover]

What is the name of your state (only U.S. law)? California My landlady has served me with a 3 day quit or move notice. I was not served personally it was dropped off at my job with the receptionist. It states in it that i was personally served at my home address on the 18th of April but was given this on April 24th again by the receptionist. Also as an attachment there was a lease belonging to another tenent. Since living here I have been personally threatened by my landlord calling me horrible curse words and beating on my door telling me to come out she was going to " whip my ass" I called the police. That was the first time. The 2nd confrontation with her she was grabbing my arm trying to pull me in her vehicle to talk to her, The last time was sending her daughter to my door and the daughter proceeded to yank open my door. I again called the police. I sent the landlady a letter stating that all the harrassment had to stop. I had to send a second letter due to the continuing harrassment. I informed ther that I was looking for another place that I did not feel comfortable or safe in my home and at this time I did refuse to give her rent. There is no hot water in the kitchen sink. roaches in the house, and she constantly turns down the hot water heater so the showers are cool. I also do not have a key to the mailbox either her or her husband hand it out when they want. there are alot more issues with her and though I am moving this week I feel like she shouldn't get away with the things she does. There are other tenents here that feel the same way. I am going to respond tp her notice but am unsure what to write and feel like she should be held accountable for some of the costs incurred for my moving. HELP!!!!What is the name of your state (only U.S. law)?

 

[Cvillecpm]

Move -ASAP * you have no habitability issues and should be paying your rent....since your landlord obviously knows where you live AND work, consider more "harrassment" in your future if you continue to reside in her property without paying rent.....the notices are a prelude to an EVICTION

 

[Gail in Georgia]

Sounds like all this "harrassment" by your landlord is because you've decided to stop paying rent.

There are specific steps to take in your state regarding repair issues. Did you follow any of them? Or did you decide you were just simply going to stop paying rent?

California Tenants - California Department of Consumer Affairs

Your landlord has begun the first steps in the actual eviction process for nonpayment of rent. Not only is it unlikely they're responsible for paying your moving costs, you might find yourself being sued to back rent.

Gail

 

[missfairylover]

The harrassment started first. I have always paid my rent on time. This has been going on for a long time. I finally got sick of it. This is actually the 1st time I've never paid.

 

[LawStudent99]

The harrassment started first. I have always paid my rent on time. This has been going on for a long time. I finally got sick of it. This is actually the 1st time I've never paid.

Get out fast then and use the rent your holding to get a new place... let her sue you, bring your harassment claim to the judge then pay the judgement amount. Of course you have your rent receipts from all the on time payments, and police reports showing they had to come by a few times. maybe you may have a sympathetic judge

Maybe you should have left sooner.

 

[missfairylover]

I have all of my rent reciepts and all the police reports

 

[LawStudent99]

In that case i certainly would not pay her. I would use her rent money to get a new place, (I would let her evict me thoroughly, saving my money for a better place, but that is not for everybody)

Get a much better place with hot water and quiet enjoyment and let her try to sue you. with the disruption to your quiet enjoyment of your home, she might not be awarded all the money, and even if so you wont have to pay anything, she has your security deposit. then you can sue her back. (for that)

Its up to you what to do.

 

[missfairylover]

this whole experience living here has been a real nightmare. I am moving in 4 days and am looking forward to putting this behind me though I've a feeling this is going to be a rough day(moving) as she will be out front harrassing on that day. According to one police officer this woman has a history of this

 

[LawStudent99]

Good for you honey..... make SURE she does a walkthrough with you and sign off on no damage. or take DETAILED pictures and send her a demand for your security back. you dont owe the months rent if you didnt stay the month, and good luck at your new place.

 

[missfairylover]

thanks you've been very helpful

 

[Cvillecpm]

Unfortunately, OP has no leverage over the landlord since she is in breach of her lease agreement...landlord can offer to do a pre-walkthrough when OP is at work and that is ALL that needs to be done since the breach.

Advising posters to not pay rent is irresponsible AND immature....once OP is out, landlord can sue her in Small Claims court where no attorneys are allowed.....

 

[LawStudent99]

Unfortunately, OP has no leverage over the landlord since she is in breach of her lease agreement...landlord can offer to do a pre-walkthrough when OP is at work and that is ALL that needs to be done since the breach.

Advising posters to not pay rent is irresponsible AND immature....once OP is out, landlord can sue her in Small Claims court where no attorneys are allowed.....

I don't believe a lease was mentioned, I said *I* would not pay the lady and I mentioned the landlord could sue. and she doesn't need a lawyer to present her case of harassment and paid on time rent. and she is lucky to be in the position to move out.

I cannot see how OP is in more breach then the landlord, as mostly leases include the right to quiet enjoyment clause. (if there is in fact a lease.) which landlord broke even before OP didn't pay her. Plus LL already has a tenant to take her apartment.

 

[Cvillecpm]

What part of OP's....."I did refuse to give her rent." do you NOT understand?

Also, where does OP mention there is a new tenant ready to move in? There are OTHER tenants already on the property but OP does not indicate there are prospects ready to move into the unit she is vacanting.

A little bit of knowledge (reading) is a DANGEROUS thing.

 

[LawStudent99]

True... i must have read between invisable lines when she said "attached to her 3 day P O Q was a signed lease for someone else. "

and she said this was her first time not paying the rent.... long after the harassment started, and her letters to cut it out went ignored.

well in the end there's nothing to hold the LL accountable for (altho there should be) and in no way does the LL owe tenant moving expenses, and she should concider herself lucky to be moving.

 

[Alaska landlord]

Move out before the landlord has to file. You will avoid the court costs, attorney fees if any, and having an eviction on your record. The landlord will keep your deposit and apply all or most of it towards the rent owed. This may work in your benefit since the balance may not be worth going to court about.

Win or lose, your landlord wins. If he gets his court date, future landlords may be able to reject your application based on this incident.