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Best points to use in small claim re breach of quiet enjoyment, retal Retaliatory Eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by Apigca44, Jan 15, 2015.

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  1. Apigca44

    Apigca44 Law Topic Starter New Member

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    I have lived on an 80 acre ranch for 10 yrs. I quit working 3 yrs. ago and found that my landlord is constantly (sometimes daily) driving onto the property for no apparent reason but to snoop. There are 3 gate entrances to property with 1 of them leading up driveway to my residence. Landlord refuses to use other entrances and constantly drives past my residence. I contacted Landlord/tennant agency and requested Landlord to mediate problem. They refused. They refused to tell me when I am entitled to quiet enjoyment of unit. Since then I've complained that Landlord should at least inform me when he is coming over as not to disturb me & my guests. He refuses. Next came the eviction notice and then the unlawful detainer suit. We decided to purchasing a house but still filed response that Landlord was retaliating against us. At UD hearing Landlords reluctantly agreed (Their attorney suggested) to stipulate to Landlord giving us 60 more days (to close escrow) before we had to move out. Landlord continues to harassed us by coming onto property unannounced several times p/wk, refusing to call and tell us he's coming over, moving cattle from one side of the road to the side where we live via my driveway and then back again within 1 week. I've lived here 10 yrs. and have never seen him do that. He has called Sheriff's Dept. (several times) to stand-by while he and his entourage enter gate leading past my house with tractors & equipment only to go through a 2nd gate to enter the back field property when he could have just driven directly onto "field" property through a different gate. I live in constant fear of who is coming onto the property and have absolutely no privacy. Even Sheriff's have advised them to use other entrances to avoid confrontation. Landlord came over the other day while my husband & I were working outside painting our trailer and just parked a few feet away. I videoed him walking around and he started taking pictures of me. I told him he didn't have my permission to take pics of me and he said "we'll you're taking pictures of me". I can't even work in my own front yard w/o him taking pictures of me & harassing me. One of his workers has even exposed himself and urinated in front of my bedroom window even after we notified the landlords of his actions. I am going crazy. I filed a small claims suit and have 1 month to get my case together. Any help would be appreciated on what to hone in on in court. I feel I should get back either a % of my rent for breach of quiet enjoyment/harrassment and/or $ for each time they've breached (91 times I actually logged since 2012). Oh yeah, I forgot the 2 times they entered my house without my permission or prior knowledge.
     
  2. army judge

    army judge Super Moderator

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    Small claims is only concerned with monetary awards.
    Small Claims Courts have no power to enforce "quiet enjoyment".

    If you previously retained an attorney, you're better off retaining him or her this time.

    Why on earth wouldn't you just move?
    If he won't stop now, what makes you think he'll ever stop?

    NO NEED TO ANSWER THOSE QUESTIONS, I DON'T CARE.
    The answers are for you to consider.

    Your issue is far too complex for an online forum.
    You need an attorney if you can't let this madness die.

    Good luck.
     
  3. disagreeable

    disagreeable Well-Known Member

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    Consult your lease for landlords ability to enter and leave. He cannot just tell the cows to stay off your portion of the rental.
     

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