My house has been under construction since Nov 2015 2weeks before Thanksgiving my kitchen and restroom gone now it's Jan 2016 and nothing still now we have no water to drink or shower or use the restroom I have lil ones 6 children its unsafely and...
Before you call the City, I would place a call to the LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH. The County Health Department has jurisdiction over necessary repairs that immediately affect the health of the occupants. They will order your landlord to supply water immediately, and replace the floors promptly, and will prosecute your landlord criminally if he does not comply.
Once this is sorted out, you should sue your landlord for the return of your rent during the time when your house was legally uninhabitable because you had no water. You would also be entitled to damages for emotional distress.See question
I am going to court to fight an eviction, I have been allowed to pay late many times, and they never went to eviction, the owners don't want us to be evicted as there is a lot or repair required to re-rent the unit, I have the money to pay, and o...
You are not going to like my answer, but here it is: You need an attorney, badly. In 2002 (in Los Angeles), a study was conducted on tenants who represent themselves in eviction actions, and it was found that 99% of them lost their cases. This probably was partly to do with the fact that non-lawyers do not understand the rules of evidence or trial advocacy, and partly to do with the fact that non-lawyers do not know how to identify and correctly assert their affirmative defenses
You have defenses, but have you raised them in your answer? I don't know--I'm not looking at the Complaint, so I can't see all the issues, and I can't see your answer. You could have a great defense because the 3-day notice is incorrect in some respect, for instance. You have a defense because you have paid late fees in the past, and the late fees are probably impermissible penalties that should be credited to your rental account. You may have a habitability defense, but not based on something that happened 6 months ago--that won't fly. Also, the argument that the landlord allowed you to pay late many times, and therefore waived his right to demand on-time payments, is a losing argument. I've heard the theory but in 10 years of defending unlawful detainer actions I have never seen it asserted in trial.
On the day of trial, the landlord will be represented by an attorney. He or she will offer to settle with you. You should accept the offer to settle. Ask for 30 days to move and for the landlord to waive back rent. Make sure the settlement is a DISMISSAL, not a JUDGMENT, because you don't want this on your renter's record. (Unless in this jurisdiction the court will seal the record--I have no idea if they do that in Upland.)See question
I am the leaseholder of a 1 year lease, started july 29th, 2015. The other 4 tenants are on the lease but have not signed it. They have been contributing to a really uncomfortable living situation and have been lying to me. One of them does not ha...
You can't evict them, but you can sue them in small claims court for the money they owe you. That might make them uncomfortable enough to move out.
On the other hand, if they want YOU to leave, as long as they enter into a new lease with the landlord, this might be a great opportunity for you to move on without them.See question
Given 3 day notice to quit before rent was due. Harassment and verbal threats by landlord, water was turned off, landlord in my home, what do i do and who do i call for help cause my life is being threatened
If your life is being threatened where you live, you should move--end of story. You should call the police to arrest the person threatening your life so he or she can be arrested and prosecuted.See question
Hi, My family rents an apartment in Glendale, CA. The apartment is on the 2nd floor. Saturday early in the morning while playing in the living room my kids were horrified to see two unfamiliar subjects jump on our balcony, start moving our furnit...
Why did you not call the police? That's a crime.See question
Landlord violated the implied warrantee of habitability by having live sparking wires in the wall. I requested a rent reduction and gave them the remaining balance (I have the option of paying online so if a compromise was made I could send paymen...
It depends what you mean by invalid. It's valid enough to stick on the back of an unlawful detainer lawsuit, which will likely be coming your way if you don't pay your landlord $48.31 in three days.
That's not to say you owe $48.31. You can sue your landlord in small claims court to recover any overage you've paid for rent--that's by far the safest way to proceed.
By the way, it's probably illegal for your landlord to charge a late fee of $97.50. That's a penalty. In California, late fees for residential leases must actually reflect the actual damages to the landlord because of the late payment, rewardless of what you've agreed to pay in your rental agreement. If your rent is late, the landlord probably loses $0.0001 in income, since the interest rates are so low, but generally I would reckon that a late fee up to $25.00 would be permissible.See question
I've been renting my apartment for 10 1/2 years and the landlord doesn't want to fix anything and now my landlord is losing the apartment's so he's trying to do a short sale he hasn't been paying the payment on the place for about a year an suppos...
You cannot be evicted until you have been served with a written 60-day notice and 60 days have passed.
As for the water, call the water company and let them know what is going on. No guarantees, but landlords are required to provide water, so they can't turn the water off. If the water company isn't helpful, call the County health department if the water gets turned off.See question
We signed a stipulation In court, the tenant moved out, but stopped paying installment payments which were agreed upon in the stipulation. how do I enforce the payments ?
Sounds like you already have a judgment. First, file a partial satisfaction of judgment to reflect the amount of money you have received. The balance is collectible like any other judgment. There are a few different ways to collect a judgment--judgment debtor examinations, garnishing wages, etc., but it's complicated so pick up a book on enforcement of judgments. I think Nolo press might publish one.See question
I received an eviction notice after a 60 day notice. I have no idea why I got this. I have read through the eviction notice 3 times trying to find a reason. I have never been late on my rent. I am disabled with a 10 year old daughter. I. moved in ...
In most places in California, landlords do not need a reason to evict a tenant--the service of a 60-day notice is enough. (That being said, they can't evict a tenant for an illegal reason.)
1. Will this Eviction be put on my credit report?
No, so long as the case is settled (in your favor) and/or dismissed within 60 days of the filing date. You should retain an attorney to make sure this happens.
2. Do they have to list on the eviction notice why they are evicting me?
No. They don't.
3. When prospective Property managements call for a ref. Can they tell them they served me?
They can, but I doubt that they will. Why would they try to convince someone NOT to rent to you when they're trying to get you to leave?
4. Should I go ahead fill out the written response with the courts and explain the situation?
I hate it when tenants try to defend themselves in eviction lawsuits. 99% of the times, they end up with a judgment against them, and I am trying to prevent that. You MUST file an answer within five days, but explaining the situation, the way you think you have to, will not help. The only thing the landlord has to prove is that he PROPERLY served you with a 60 day notice, and you did not move. If you can't find a lawyer in the next couple of days, file a GENERAL DENIAL to prevent a default from being entered against you. General Denial forms can be found online.
Good luck.See question
I currently live in an apartment where often times my maintenance request go unsolved. There has been a leak inside my wall in the bathroom that has softened the wall, and caused rust to leak down the wall into the bathroom tub. This has been an o...
Your landlord's legal analysis is wrong. If your landlord breaches the lease, you have no more obligations under the lease, including the obligation to stay and pay rent. Even if nothing were wrong, and you just wanted to leave, the landlord would be required to try to find someone else to take your place before suing you for rent remaining on the lease. That's called "mitigation of damages."
You need to document what is going on. Take photos of the conditions. Tell the landlord in a letter sent by certified mail and/or by email that you have asked numerous times for repairs, but he has refused to make repairs. Tell the landlord that you cannot remain because of the lack of heat and the mold. Then just go.
Will this prevent the landlord for suing you for back rent? Can't tell you that--but you will have good evidence of your landlord's prior breach of the lease if he does sue you.See question