Retaliation (Unlawful Detainer)

[Lakerfan7273]

undefinedWhat is the name of your state? California.

I made an oral agreement with the landlord to pay our rent on the 7th of each month in exchange for movie tickets and other gifts. The landlord agreed under one condition, I not tell her boss. We had this agreement for about 4 months and my 10 year old son just got served with a 3-day notice. When my husband questioned the landlord, he was assaulted on our patio by the landlord's boyfriend. We have a witness. The lanlord then calls the Regional Manager and tells her of what took place. A peace officer was sent out to take a report. Per our agreement, I paid my rent on January 7th and it was returned to our house guest on January the 9th.

We arranged to meet with the Regional Manager and she states that she will need to proceed with eviction. How can they get away with this? We were served with the summons & complaint and the landlord lied by saying that the 3 day noticed was posted and mailed. Do we have a chance of stopping this eviction?

 

[ENASNI]

Whoa

There is so much wrong with this situation. I hardly know where to begin.

Oral agreements are not to be relied upon, it is always he said/ she said.

If the office manager/ What you call the "landlord" ( she is only an agent for the landlord) did indeed take "gifts" to let you be late. She is a sneak. I am surprised she was allowed to turn in her rents late so consistently.

The Regional Manager will only see your constant tardinees, whether or not you have an excuse or not, I see this agent getting fired anyway.

The three day notice, though you state it was received was not served in the correct way. It needs to be left with a person of "suitable age and discretion" . An adult or a teenage member of the household.

If notice was not sent as well, proof of notice was not followed through on.

However, you did get the notice.

http://www.dca.ca.gov/legal/landlordbook/terminations.htm#properserviceofnotices

About the assault, I do not know if this is part of the "retaliatory" part you are talking about. It sounds like a fight between the" boyfriend" and your husband, Not the agent for the landlord.

Retaliatory eviction is usually because you have excercised your legal right and the landlord is punishing you. In this case the Agent is not evicting you.
The regional manager is.

Because of late rent.
http://www.dca.ca.gov/legal/landlordbook/retalitory-actions.htm
If you are month to month, you really do not have much to go on here.

 

[Lakerfan7273]

California

So will the judge stop the eviction process due to the fact that the 3-day notice was served to a minor and the fact that the landlord lied on her proof of service by saying that the 3-day notice was posted and mailed? She signed under penalty of perjury.

You mentioned that the Regional Manager only saw the constant tardiness. I had a neighbor come up to me and asked why I was being evicted. I explained the situation and she mentioned that the landlord takes rent from her late all the time. Does the landlord have the right to go around telling other tenants that we are being evicted? I guess this is where I feel that this is a retaliatory eviction. Not to mention, the landlord were our friends before the fight. Big mess huh?

 

[ENASNI]

California

So will the judge stop the eviction process due to the fact that the 3-day notice was served to a minor and the fact that the landlord lied on her proof of service by saying that the 3-day notice was posted and mailed? She signed under penalty of perjury.

You mentioned that the Regional Manager only saw the constant tardiness. I had a neighbor come up to me and asked why I was being evicted. I explained the situation and she mentioned that the landlord takes rent from her late all the time. Does the landlord have the right to go around telling other tenants that we are being evicted? I guess this is where I feel that this is a retaliatory eviction. Not to mention, the landlord were our friends before the fight. Big mess huh?

Big mess. It is up to the Regional manager at this point if they want to stop the eviction.

About the 3 day notice. You can read what the LL/Tenant handbook has to say:
http://www.dca.ca.gov/legal/landlordbook/terminations.htm#threedaynotice

Good Luck

 

[Lakerfan7273]

CA

Thank you

 

[ENASNI]

CA

Thank you

You are welcome.. Go Lakers!