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
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