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recently evicted

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evicted in Cali

Junior Member
I was recently evicted from my home in the state if california. I would like to go after my former landlord if possible. My former landlord served me a 3 day notice to pay or quit which had an incorrect dollar amount. My rent was current. I was stunned to receive the notice. My landlord failed to credit some cash payments made. In court I presented my receipts showing I was right but it did not make a difference to the judge. My landlord was claiming I owed back rent and nothing more in his suit. When we were in court he said he forgot to enter the HOA fees and that put him over the top with his dollar amount. The judge said you can claim less than is owed but not more. So even though he had entered an error with back rent the HOA fees enabled him to win.

I was behind with the HOA but I had an oral agreement with the owner I would help but not to hold me to it every month. He said OK. He basically admitted that in court when he submitted a letter I had written to him reminding him of that agreement. When I mentioned it to the Judge she said the written holds more weight.

Here are some of the things I mentioned in court on my behalf that did not matter.

- My Landlord served me the papers himself. In court he claimed a friend of his served me.

- In the unlawful detainer suit he failed to write in the case number on all but the first page.
- his unlawful detainer suit was filed against me but he mispelled my name. I thought a mispelling would be important sine it is a legal matter.
- My Landlord manipulated his lease to show as a 1 year lease rather than a 2 year which I had.
- by entering the HOA fees in his suit he breeched our oral agreement.

I feel I was wrongfully evicted. I proved with receipts from the landlord my rent was current at the time I was served the 3 day notice. My quiestion is this, is there any way I can sue him for filing an unlawful detainer suit against me when was wrong with his accounting records. I plan speaking to a local attorney next week but want as many points of view. I am just so angry a landlord can be wrong and still prevail.

Thank you
 


MIRAKALES

Senior Member
A new legal action regarding a final determination cannot be initiated by either LL or tenant. Neither LL or tenant can reopen new claims regarding the same issues which were previously decided by a court. Tenant’s cited issues are all legal technicalities (service, case numbering, name misspelling, lease term, fees, etc.) It is a pointless matter, since the case has already been decided and closed in a court of law. Suing the LL for a matter that has already been determined by a court can expose tenant to a LL-counterclaim of harassment.

There would appear to be additional reasons for the LL-initiated eviction based upon the post. LL’s tend not to evict tenants that are current with the rent based upon minor infractions. Were other lease violations at issue?
 

Zigner

Senior Member, Non-Attorney
WRONG!!! (again). It's called an appeal and depending on how long the judgment was rendered, it could be an option for the OP.
What you have stated is correct. HOWEVER, our OP was looking for a way to sue the former LL, not get the prior decision reversed.

My quiestion is this, is there any way I can sue him for filing an unlawful detainer suit against me when was wrong with his accounting records.
And, the answer to that question is no.
 

MIRAKALES

Senior Member
What would be the purpose of an appeal?
Appeals in small claims actions and minor civil suits are rarely successful. Most legal appeals are reserved for substantial legal actions were an issue of law is at matter. Tenant would only prevail if judge’s interpretation of the law was incorrect. This does not seem to be the case, tenant is “angry with landlord” but the court made the determination based upon the evidence being disputed by tenant.

An appeal is cost prohibitive and generally requires legal knowledge (or an experienced attorney). To be successful tenant would need to base their claim on more than the five (5) technicalities cited. The court was aware of these issues and ordered a final eviction, nevertheless.

An appeal would not reverse the eviction or require LL to restore possession to tenant. Tenant has been evicted. The eviction is final.
 

evicted in Cali

Junior Member
I am not trying to over turn the court ruling, I already lost on that matter and am moving on to another home. I would love to go after him for filing the unlawful detainer while I was current on my rent. He is an elderly guy who failed to credit me a cash payment I made in his office. I have a receipt from his office proving that fact. With the receipt I proved i was current at the time of the filing. I tried showing the judge that he does not pay attention to details by using his own documents in the suit as evidence; my name mispelled, missing case number and so on. He does things on the fly.

I now have an eviction on my credit record because he failed to keep proper records.
 

CourtClerk

Senior Member
What would be the purpose of an appeal?
Appeals in small claims actions and minor civil suits are rarely successful.
First of all, unlawful detainers are not heard in small claims divisions. Second, what is the legal basis for your statement "appeals in small claims actions and minor civil suits (as if there is a such thing as a minor civil suit) are rarely successful"? As someone who spends a great deal of time in a courthouse and inside of a courtroom, I can tell you, you are wrong. However, perhaps you can enlighten me as to where you get your stats... in California.
Most legal appeals are reserved for substantial legal actions were an issue of law is at matter.
Again... the OP has made assertions that there was improper service (which is not a technicality - improper service gets cases thrown out all the time) among other things.
Tenant would only prevail if judge’s interpretation of the law was incorrect.
This statement shows how little you know about the law, because the judge may interpret the law however they'd like, the appellant must show that the law was not FOLLOWED, or there was an error in PROCEDURE for an appeal to be heard and prevail.

An appeal is cost prohibitive and generally requires legal knowledge (or an experienced attorney).
I bet if you knew exactly how much one would cost (because I assure you, you don't), you'd take back that statement.
 

MIRAKALES

Senior Member
The eviction is final. Should an appeal be granted on any of the five (5) issues mentioned, tenant would not regain possession of the premises or have eviction overturned. An appeal by tenant would be directed toward the court and would imply that the court did not interpret the law correctly or follow legal procedure. The matter of service is generally nonsensical when both parties are present in court. It serves as a delaying tactic at best. (Tenant would need to prove that LL made service and not a third party. If proven it would not reverse court decision.)

The judge heard all of the tenant issues (service, case numbering, name misspelling, lease term, fees, etc.) and still issued an order for eviction. Tenant wants to make an issue of the matter regarding the unlawful detainer (eviction heard by court) against the LL. Tenant would not receive any satisfaction against LL because LL did not make the determination -- the court make the final ruling.

Another legal action against the LL by the tenant would be a small claims or civil lawsuit in order to receive satisfaction. Tenant no longer has a case with or against the LL -- their was no mention of court judgment for disputed payment. The only legal issue in dispute would be an appeal of the court eviction decision.
TENANT DOES NOT WANT TO APPEAL THE EVICTION.

It would be beneficial to direct “knowledge” and information about how to overturn (appeal) the eviction rather than creating argument for argument’s sake. The courts are laden with frivolous lawsuits and limited resources to manage the proceedings.
 

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