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collecting actual damages when evicting problem tenant

Discussion in 'Eviction, Recovery of Premises' started by #carole s, Jun 13, 2017.

  1. #carole s

    #carole s Law Topic Starter New Member

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    Jurisdiction:
    California
    I rented a room in my condo at a very discounted rate to a handyman and his wife in exchange for his services. He did not deliver anything he promised and caused about $2400 in damages. I terminated his services 5 months ago but he will not leave (or pay rent) so I must evict him. (To make matters worse, his daughter is a paralegal who is helping him find ways to disqualify my case and extend his stay.)

    Originally, when he first moved in, it was based on an oral agreement. When I put the terms in writing, he did not sign and return the document to me. When filling out the Complaint form (UD-100), I must check 6f because I don't have a written copy of the agreement. The form then tells me to choose 1 of the 2 options below for why this is so; either:
    1. the Agreement is not in my possession; or
    2. this action is for non-payment of rent only.

    Since the written Agreement doesn't really exist because it wasn't signed, I believe I must check No. 2 above. Does this option restrict me from asking for statutory and actual damages? Even worse, if I ask for damages and am not entitled to do so because "this action is for non-payment of rent only", could this be deemed a technical error in my filing that would get the case thrown out, forcing me to start over from the beginning?

    Any clarification here would be greatly appreciated.
     
  2. mightymoose

    mightymoose Moderator

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    The eviction itself is for non payment of rent, yes.
    If you have an additional matter regarding damages you can address that in small claims. The eviction is only about getting him out.
    File a small claims suit separately to address the damages.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Right.

    No. Except that you don't ask for it in the UD. You have to file a separate lawsuit for any other damages.

    You should read the entire statute that addresses UD:

    Codes Display Text

    And pay attention to:

    1951.2 of the Civil Code is at:

    Codes Display Text
     
  4. army judge

    army judge Super Moderator

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    First things first.
    File the eviction to get the deadbeats out.
    The longer you dilly dally, the longer they mooch.
    I seriously doubt you'll ever see $1.00.
    Don't waste your time chasing Elvis, Michael Jackson, and JFK.
    The best victory is getting the deadbeats out, and once you do, don't ever rent anyone a room.
    What you experienced occurs with great frequency.
    These people rent rooms because smart landlords won't rent them apartments.
    They don't pay their debts, they mooch and leech, they're parasites.
    You become their unsuspecting host.
     
    adjusterjack likes this.
  5. adjusterjack

    adjusterjack Super Moderator

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