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I was given a verbal 90 notice then a 10 day with landlord shoving me out of the house at the time. Burden of proof help please

Santa Cruz, CA |

I was in the house for almost 6 years. I had no choice to comply as they were in my house without knowledge, permission going though my things. He was in the process of listing the house for sale. Realtor put Lock box without permission, no schedule of when workers and who had keys and no deposit return. My privacy and rights were violated so I filed for small clams court date for case. I do have pictures and voice mails from landlord and the muscle he hired to continue with what he was doing when he was not there. the whole exp was very stressful.What is the best way to organize myself for this case? I have a court date this month and want to be as organized as possible for the judge.

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Attorney answers 1


I assume that you are out of the house now.

I know that it would cost a lot of money, but you could file a lawsuit for a claim to possession of the house, and put a lis pendens on the house. That could cause the landlord a lot of problems because he wouldn't be able to sell the house while your lawsuit was pending and he might then offer you a good amount of money.

But these types of lawsuits cost a lot of money. Some issues you have to think about are rent control, if it applies, whether or not you had a lease or month to month, how much you had to pay to move, how much your security deposit is, etc.

You can sue for up to $10,000 in small claims court. You didn't get served a 3-day notice, you didn't have an unlawful detainer action filed, you were thrown out. He has the burden of proof once you can prove you were evicted to show that he evicted you correctly. It seems that he can't prove that (no documents), so just explain all of that to the judge. Bring your lease, showing how much your lease was for and the security deposit.

The judge could award you money for your inconvenience of being thrown out, and up to 3x your deposit for not following 1950.5 of the California Civil Code. Bring all of that up.

I think you should speak with an attorney and go over your evidence before you go to court. You can't have an attorney, but since I believe you are going to win, your lease may provide that in case of a dispute the prevailing party may ask for attorney's fees. If they are reasonable in preparation for the case, the judge could award them to you.

Good luck.

This is general legal advice intended for informational purposes only and does not create and attorney/client relationship. If you wish further advice, please contact an attorney of your own choosing or you may contact me for further advice and make other arrangements including retaining my services.

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