1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Eviction without notice Unlawful Eviction

Discussion in 'Eviction, Recovery of Premises' started by dannyyak, Feb 7, 2017.

  1. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    My name is Daniel S. I have an oral agreement of rent that was upgraded from 175 to $275. I live in the backyard of the landlord, in a 5th wheel camper, that has no running water or sewage connected.

    I am being told to leave tomorrow after being told today (02/07/2017). There has been no written eviction notice of any kind. I have no receipts of rent payments but I do have postage of this current address with my name attached.

    Landlord also has many Tennant's living in and on residence, including a Tennant living in a storage unit.

    I have spoken to landlord of when I can pay the rent and now she is demanding I pay now or move out.

    Do I call the police if I come home to a blocked gate, locks changed before any written notice is received? Will the police likely be in landlords favor? I believe the living conditions are unacceptable with the multiple dogs (5) defecating in the walk path from entry of yard to the entry of my camper in which I rent.

    What can I do?

    Sent from my SM-J100VPP using Tapatalk
     
  2. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    In your state, CA, what she's doing is illegal.
    That illegality presumes the law sees you as a residential tenant.
    Yes, if the gates are locked denying you entry you're free to call the police.

    The police will quickly advise you if it's within their authority, or if its a civil matter for landlord tenant court.

    You can report any building code violations to your city or the county where you reside.

    Health and sanitation problems should also be brought to the attention of the city or county health authorities.

    If your city requires a certificate of occupancy before a LL can rent units, that's also a matter for the city or county agency.
    ...
    Question from the city website:
    ...
    I have relatives visiting. Can they stay in their RV in front of our house?
    ....
    City code does not allow occupancy of RVs except in approved mobile home / RV parks. It is a serious violation to have a power cord run from the house to any camper, motor home or trailer.
    ...
    I think you're living in an illegal arrangement.
    Call the city, see what remedies you have.
    Your LL will be very unhappy if you do, but you'll start laughing like a happy baby.
    ...
    ...

    If you reside in Citrus Hts., CA I suppose you start by looking here:
    ...
    Violation Reporting Process | Citrus Heights, CA - Official Website
    ...
     
  3. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Thank you. I feel better about this with your advice

    Sent from my SM-J100VPP using Tapatalk
     
  4. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    Feeling better won't keep a person with bad intentions from harming you.
    Filing a formal complaint with the correct city agency will offer you certain protections.

    Have you approached the city government for assistance?

    The rent you've paid could be considered illegally collected.
    If a court or city agency agrees, all of those rent payments could be ordered returned to you, plus any other penalties.
    Your state is very tough on actions such as those suggested here.
     
  5. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Earlier I called the local county code compliance RMA hotline. I left them a brief message explaining the situation and conditions along with the address and my contact info.

    I am returning home from work shortly and I'm not sure what I should do. This morning I left a text message to the LL after trying a face to face meeting.

    I feel she is holding the cards since there is no receipts or documentation of me living there other than postage and the my belongings. However, I know she is violating multiple laws and codes.

    I know I need to follow up and I will. This forum and the internet is the only advice I can receive on these matters. Thank you and thanks to others who care to add on to this thread.

    Sent from my SM-J100VPP using Tapatalk
     
    Last edited: Feb 7, 2017
  6. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Tulare county, Dinuba CA.

    I will see what I can find.

    Sent from my SM-J100VPP using Tapatalk
     
  7. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    Wouldn't you be better off moving to a mobile home park, or a legitimate lot for RVs?

    Do that and you can live in peace.


    Super, this is the contact info for "code enforcement":
    ...
    Rick Hartley
    Building Official
    (559) 591-5924 ext. 106
    For Building Inspections (559) 591-5924
    RHartley@dinuba.ca.gov

    Cristobal Carrillo
    Planner II
    (559) 591-5924 ext. 104
    ccarrillo@dinuba.ca.gov

    Roy Ramirez
    Housing
    rramirez@dinuba.ca.gov

    Angelica Molina
    Code Enforcement
    amolina@dinuba.ca.gov
    559-591-5924, ext. 201
    ..
    This might be where the law lies that speak to your living arrangement's legality:
    ...
    Chapter 14.52
    SUBSTANDARD HOUSING, UNSAFE STRUCTURES AND UNSAFE USE OF PROPERTY—NUISANCES
    ...
    ...
    Dinuba Municipal Code
    ...
    ...
    The applicable subsection:
    ..
    ..
    14.52.040 Notice to owners.
    ..
    ..
     
  8. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Great Intel. Thanks. Btw, the camper belongs to her. She mentioned the other day that she too pays rent... I wonder if her LL knows what she is up to.

    Im going to call each and everyone one of those numbers you listed tomorrow morning. I'll update the responses from each agency listed.

    Sent from my SM-J100VPP using Tapatalk
     
  9. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    My GUESS, she's 1,000,000% outside the law.
    Good luck.
     
  10. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Quick update and log entry

    I have returned home today from work to find the front door unlocked. My belongings has been shifted to one side of the camper, leaving the other side bare. I've taken a recording from the morning and one just now for a record of events. Without speaking to her as of yet, it appears she has someone else moving in as a roommate or more likely, my replacement. It's after business hours so more news will come as a thread update and a log entry. I was extremely nervous coming inside because of the volume of people who looks to be visiting the main house.

    Sent from my SM-J100VPP using Tapatalk
     
  11. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    If I were you, I'd call the cops tonight to make sure this gets logged properly.
    Also the cops may be able to offer you more useful information.
    Be careful, sometimes people will plant dope or stolen merchandise in your property then drop a dime to the cops to get you into criminal troubles.

    Who knows, you might wake up to see a masked intruder about ready to swing a machete.
     
  12. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Wow. What should I tell the cops? I don't want to tip off the LL in case she starts drawing up a defense. But I sure don't want to get set up either. Is it a crime as far as the LL moving my stuff around without consent? Perhaps I should forewarn the police of the situation

    Sent from my SM-J100VPP using Tapatalk
     
  13. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Update

    I just called the non emergency police line. LL has unlawfully entered premises according to the desk officer. I'm now awaiting call back from PD. That callback will be a log entry of the events.

    Sent from my SM-J100VPP using Tapatalk
     
  14. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    A log has been entered and I was advised to call code enforcement as you also have suggested. I will know more tomorrow.

    Sent from my SM-J100VPP using Tapatalk
     
  15. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    Well, fancy that, mother was right when she said I should go to law school and become a lawyer. LOL

    I guess I'm pretty good at this lawyer gig, for a poor, old, Texas, country boy.

    I love it when we can actually help our posters.

    Good night, mate, enjoy the morning. LOL
     
    dannyyak likes this.
  16. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    Update

    Early this morning, I contacted the code enforcement officer, Angelica (listed above). After giving her details of my living situation along with my contact info, she is going to pay a visit to the LL sometime today. She presumes that conditions are in violation and will be deemed unlivable. It's been 4 hours and still no response.

    Shortly after that phone call, the LL spoke to me saying she wants me out to clean the camper to prepare it for incoming Tennant's. I told her she needs a 30 written notice in which she tried to put a guilt trip on me. It almost worked lol.

    I contacted other extensions of the code enforcement such as housing authority, they said I need to contact legal aid in order to get advice to persue a small claims court ruling. I did so and got more information which is to wait on CE ruling and along with that ruling, write a thorough letter to LL expressing the amount of money I am sueing for ($2,336). I will be making a copy of my final draft letter and then certify mail it to her, to avoid confrontation.

    Future updates will come. I hope that anyone going through this scenario can use the advice given to me via this thread, will help them as much as it is helping me.
     
  17. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    Super, keep on pushing mate.
    While you wait you might want to locate your new home.
    You'll probably have a few dollars to secure it, eventually. LOL
     
    dannyyak likes this.
  18. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    CE called and told LL that an inspection will be given Friday and to make sure no occupants are there. I have no doubt LL will suspect me for calling CE but oh well.
     
  19. army judge

    army judge Super Moderator

    Messages:
    33,213
    Likes Received:
    5,309
    Trophy Points:
    113

    You're as innocent as the sweet baby Jesus.
     
    dannyyak likes this.
  20. dannyyak

    dannyyak Law Topic Starter New Member

    Messages:
    22
    Likes Received:
    0
    Trophy Points:
    1
    One thought comes to mind, do I have a case when I moved in and the camper didn't have the utilities and decided to stay and I'm now filing a claim because she is now trying to evict me? Will a judge be partial to that? It shines a dim light on me I'm sure. Either way , the state doesn't allow the LL to rent out this property but I may be found liable or guilty or whatever the term is on SCC.
     

Share This Page