Landlord Issues - CA

[hankincali]

Looking for advice. I have lived in a place for 4 months. During that time, landlord has entered my unit illegally, harassed me and basically made my life hell. I gave my notice a month ago. Landlord refused a walk through after I made several requests for one. A couple days before my move, my new landlord advised the new place will not be ready for another 3 weeks. I sent a letter to current landlord explaining that I need 3 more weeks but could not cover rent, could he use my deposit as rent for the final 3 weeks. (My deposit is larger than monthly rent.) I heard nothing back, so I figured this was fine. Today got a 3 day notice with the landlord yelling and screaming at me as I walked to my apartment. Keep in mind I have paid rent on the 1st every month, if landlord did not get my check by 3:00pm he was at my door asking where his money was. Landlord is also refusing utility man from hooking up utilities ( they were turned off). I called police, they advised me to file a complaint and send harassment letter, which I did. Landlord then had some lawyer call stating he will go to court and file unlawful detainer since nothing could be worked out with landlord. I tried to explain landlord won't talk to me or try to work something out but lawyer hung up on me. Now landlord is telling me that "You don't know what I'm going to do to you" and threatening me. Not sure what to do, I cant leave for another 3 weeks and don't want an eviction on my record. Just some background: landlord had been entering my unit and taking my things out of unit when I was at work. After several requests to stop doing this, I finally put my foot down, demanded a 24 hour written notice, and explained to landlord to leave me alone. Since then landlord is always hostile towards me and I feel this is in retaliation because I would not let him enter my unit anymore. Help!

 

[FarmerJ]

Put your things in a self storage unit and go stay with friends or family until the new place is ready.

 

[hankincali]

FarmerJ...

Thanks for the advice and believe me I wish I had anywhere to stay but here. I'm new to the area, no family or friends close. If I could afford the Motel 6 I would but I can't. I had put a deposit down and 1st months rent on the new place anticipating moving. Now new landlord is saying he'll use it for the following month but in the meantime I'm without rent and stuck staying here. That's why I asked to use my deposit since I've been here 4 months and have done repairs to the place and it is in better shape than when I moved in. The current landlord is now calling people on my application, badmouthing me, asking for other relatives phone numbers. I am really scared of him. I don't think he is mentally balanced and for the first 3 months would enter my home, take my dog and other items out of the unit, let his dog in my unit, just a lot of crazy things. I would ask him not to and try to be nice becuase I felt sorry for him. He would even let himself in when I was home and start talkign to me. Finally I had enough and in no uncertain terms told him unless I get a written 24 hour notice he is not to come in. Since then he has done everything he can to make my life hell. I really dont know what else I can do at this point. I just dont know what the laws are regarding landlord harassment?

 

[sandyclaus]

Steps to Protect You Until You Move Out

Looking for advice. I have lived in a place for 4 months. During that time, landlord has entered my unit illegally, harassed me and basically made my life hell. I gave my notice a month ago. Landlord refused a walk through after I made several requests for one. A couple days before my move, my new landlord advised the new place will not be ready for another 3 weeks. I sent a letter to current landlord explaining that I need 3 more weeks but could not cover rent, could he use my deposit as rent for the final 3 weeks. (My deposit is larger than monthly rent.) I heard nothing back, so I figured this was fine. Today got a 3 day notice with the landlord yelling and screaming at me as I walked to my apartment. Keep in mind I have paid rent on the 1st every month, if landlord did not get my check by 3:00pm he was at my door asking where his money was. Landlord is also refusing utility man from hooking up utilities ( they were turned off). I called police, they advised me to file a complaint and send harassment letter, which I did. Landlord then had some lawyer call stating he will go to court and file unlawful detainer since nothing could be worked out with landlord. I tried to explain landlord won't talk to me or try to work something out but lawyer hung up on me. Now landlord is telling me that "You don't know what I'm going to do to you" and threatening me. Not sure what to do, I cant leave for another 3 weeks and don't want an eviction on my record. Just some background: landlord had been entering my unit and taking my things out of unit when I was at work. After several requests to stop doing this, I finally put my foot down, demanded a 24 hour written notice, and explained to landlord to leave me alone. Since then landlord is always hostile towards me and I feel this is in retaliation because I would not let him enter my unit anymore. Help!

The LL is not really allowed to use deposit as last months' rent (although it is done all the time). But when you leave, he will be allowed deduct that unpaid rent from the deposit before returning the rest to you (assuming you leave no damages).

First things first. You should change the locks NOW. retain the old locks and keys and replace them when you leave. Makes it difficult for LL to get in without keys to your door. If he breaks in, better for you since he will leave evidence for the police to use against when when you have him arrested for trespassing.

Has LL since allowed you to get your utilities back on? If he has not, then he is violating the law in forcing you out by cutting you off from your utilities. That's a no-no and a basis for constructive eviction lawsuit against him. He can be held liable for statutory damages of up to $100 per day for doing that, and in court, it is a viable defense against an eviction.

It is the LLs attorney's job to get you out fast, so he will not negotiate anything with you. He's playing hardball. Sure, they can file for eviction after those 3 days are up, but it will cost LL MORE to evict you than to wait the 3 weeks (since he is already getting the rent from the security deposit anyway).

Last, and certainly not least: Protect yourself and your security deposit. Give LL no reason to deduct anything other than the unpaid rent. Clean EVERYTHING. Hire someone to do it if you have to. Take pictures/video of the place BEFORE YOU LEAVE. Document EVERYTHING. Was a move-in inspection done? Original condition of the rental unit clearly documented, including any deficiencies or problems that existed when you moved in? Photos/video? Otherwise you'll have to prove you're leaving the rental in the same or better condition than as you found it when you moved in.

 

[hankincali]

Sandyclaus..

Thanks for the advice. I will have locks changed tomorrow. He had told me I cannot change the locks or he will have me arrested? I have placed a lock on a gate outside, however, he is claiming it is a 'fire hazard' and says he will cut it off. There is a 2nd gate to the yard that only he has access from, so the fire hazard issue is just a reason for him to remove lock and come in when he pleases (which has been the issue since I moved in!). Utilities haven't been turned on yet, when utility man came to do so, he met them out front and harassed them to the point they could not do the work. So I'm stuck here at Starbucks and their free wi-fi. I have tried to reason with him, however, he is more concerned with controlling every aspect of what happens in the unit and too stubborn to realize it's costing more to take me to court. I appreciate all the advice, especially on the utilities. That will be very helpful when I go to court. Do you know if there is anything else I can do if the harassment continues during these next few weeks?

 

[sandyclaus]

Thanks for the advice. I will have locks changed tomorrow. He had told me I cannot change the locks or he will have me arrested? I have placed a lock on a gate outside, however, he is claiming it is a 'fire hazard' and says he will cut it off. There is a 2nd gate to the yard that only he has access from, so the fire hazard issue is just a reason for him to remove lock and come in when he pleases (which has been the issue since I moved in!). Utilities haven't been turned on yet, when utility man came to do so, he met them out front and harassed them to the point they could not do the work. So I'm stuck here at Starbucks and their free wi-fi. I have tried to reason with him, however, he is more concerned with controlling every aspect of what happens in the unit and too stubborn to realize it's costing more to take me to court. I appreciate all the advice, especially on the utilities. That will be very helpful when I go to court. Do you know if there is anything else I can do if the harassment continues during these next few weeks?

The locks on the gates are not considered fire hazards. If you have a key to get out (along with all occupants), that's all that's necessary. If this claim were true, ALL locked doors and gates would be considered fire hazards (they're not). If you're concerned, call your local fire department to confirm.

It is NOT illegal to place your own locks and you cannot be arrested for it unless you had no right to possession in the first place. The LL is trying to scare you (again). That right can only be taken away by a court of law. If he removes the locks, that can be considered trespassing once again, and yet another reason to have HIM arrested. In fact, if LL changes the locks, that makes yet another case in favor of constructive eviction penalties against him. (Look up California Civil Code of Procedure 789.3.)

About those utilities... how did LL know when they'd be there to reconnect? Reschedule the connection, and request that they have the rep CALL you when on their way to do the work. When someone is there or on the way, then immediately call the police and ask for someone to be sent to keep the peace. Let the LL explain to the nice police officer why he is keeping you from turning on your utilities. (Another CCP 789.3 violation.)

If you can, you might consider filing a civil harassment claim against LL (for a restraining order). Then if he comes to the house for a non-legitimate reason, he can be arrested and taken to jail for the violation. Unless he is stalking you or there is violence involved, you would have to pay the filing fees (unless you qualify for a fee waiver), and often a temporary restraining order can be issued to last until the formal hearing takes place (within 20 days). You will have to convince the judge that an immediate restraining order is needed to protect your person or property, otherwise you have no protection until the hearing takes place.

Not a good situation. Good luck and keep me upated. And once you're out, you really should consider filing a Small Claims Case for those penalties. You deserve SOMETHING out of this mess he's putting you through!

 

[hankincali]

Thanks again Sandyclaus..

Thanks again for all the information. The reason LL knew when the utility man was there is because he lives right in front of me and is always home. He saw the utility man, blocked him, and said NOTHING is to be connected at my place. Landlord then called utility company and said unless it is in his name, nothing is to be turned on. Kinda leaving me in a bad situation. When I advised LL that it is against the law to block utilities from being connected, he stated that "He owns it, it's his right". He has continually harassed me the entire time of my tenancy and I just don't know what to do about it anymore. I understand his frustration, but he has my entire deposit, which covers the rent and then some. The unit was in terrible shape when I moved in, I had to pay to have the interior painted because LL refused saying "You saw it before you agreed to rent." Which I did, but people were in the unit and after all their pictures, furniture, etc. were gone I could really notice the holes, stains, paint chipping, etc. LL himself said unit hadn't been painted in over 10 years. But I had to pay for the paint becuase I looked at unit beforehand. So that was $400.00 out of my pocket to improve this LL unit. I also stated I wanted to put in a ceiling fan, but would save old light fixture and switch old one back when I moved so the place would be in the same condition. LL stated no way, and that anything I put in the unit needs to stay. I then asked if I should deduct the amount of ceiling fan from my rent then. LL stated that anythign I put in their is to stay and he considers a gift. So basically, I didn't install the ceiling fan. Those are just examples of what I have to go through with him. Along with him entering my unit, invading my privacy, calling people on my application to compalin and bad mouth me. After all this, I might get an eviction? I'm just at my wits end with him.

 

[Who's Liable?]

OP received some BAD advice from Sandy...

IT IS ILLEGAL to change a lock WITHOUT providing a key to the LL. The key MUST be given to the LL in case of an emergency where the LL needs access to said unit. LL can LEGALLY cut lock or replace door locks than charge OP for said labor.. This can be used against the OP as another reason for an eviction.

Locks on a gate MAY be a fire hazard. Since we don't know the particulars on placement or orientation one cannot say for certain if the locks would be a fire hazard.

 

[hankincali]

Thanks Who's Liable...

I've been checking the law and it is very blurred in this situation. Under CA Civil Code 1954 it also states that landlord may not abuse right of entry and I have the right to prevent it. If he wasn't abusing this, I wouldn't care one way or another about locks or keys. This LL has already made threats to me stating "You don't even know what I'm going to do to you". He has already broken the law and entered unit illegally on several occasions. I just want to leave when my new place is ready. I try to have NO contact with this LL as is, though he continues to try to enter my unit whenever he pleases. I really don't want any type of contact with this man yet he has nothing to do all day so feels the need to butt into my life. If he wants to sue for eviction, then that's his right. But isn't it also my right to not be harassed by him in the meantime?

 

[hankincali]

He is at it again...

SO I come home today and surprise, surprise...landlord was in my place YET AGAIN! Changing the locks seems like my only option, as this LL is mentally unbalanced! I am soo tired of dealing with him and really wish I could leave. I believe this landlord thinks that because he owns the residence....he has free rights to do what he pleases. When I call the police they tell me to file a report but unless the locks are broken, etc., then I have to go to small claims. They should have mental screenings for people wanting to rent...if you don't pass, you can't take on tenants.