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Eviction without notice Unlawful Eviction

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

  1. army judge

    army judge Super Moderator

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    You didn't know then, what you know now.
    You're not breaking the law.
    You're the innocent VICTIM of a greedy slumlord.
     
  2. dannyyak

    dannyyak Law Topic Starter New Member

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    LL locked the gate last night. I had no choice but to call police. LL started crying but officer told her that I'm within my rights. She's gonna try and sell the camper I live in and head back to Mexico. I'm awaiting paperwork from CE in order to go to small claims court.
     
  3. army judge

    army judge Super Moderator

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    Okay, that explains a great deal, mate, a great deal.

    Don't take the boot off that throat now, mate, time to destroy the beast.

    Time for you to bring that small claims case for that "rent" you were charged, while being forced to live like a hog being fattened for slaughter.

    Time for you to get that cheddar, baby, that sweet, sweet cheddar, gonna make you feel all better.

    Has the city filled you in about their inspection of Friday?
     
  4. dannyyak

    dannyyak Law Topic Starter New Member

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    No they haven't but Im supposed to contact CE tomorrow on Monday. From there I will contact local SC advisor. I'll post updates tomorrow. Thanks!
     
  5. dannyyak

    dannyyak Law Topic Starter New Member

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    CE informed me that camper is unlivable. 72 hours to vacate. No paperwork but was advised to take pictures of the written notice that is going to be placed. I guess my next move is to take the photos and call SCC advisor. WDYT?
     
  6. army judge

    army judge Super Moderator

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    Yes, plus you can also initiate your small claims court to recoup the money you've paid to your LL to live in a uninhabitable home, as declared by city ordinance.

    That declaration will be part of your proof to require her to repay the funds you've given her.

    uninhabitable - a rental unit which has such serious problems or defects that the tenant's health or safety is affected. A rental unit may be uninhabitable if it is not fit for human beings to live in, if it fails to substantially comply with building and safety code standards that materially affect tenants' health and safety, if it contains a lead hazard, or if it is a dangerous substandard building.

    A rental unit must be fit to live in; that is, it must be habitable. In legal terms, "habitable" means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants' health and safety.

    California Tenant Law - Legal advice for California renters' rights

    California Tenants - California Department of Consumer Affairs


    Some agencies, like the one below, claim to be able to do more for you.
    Due diligence is always advised, before agreeing to any contract.
    ..
    ..
    Tenant Defenders - The warranty of habitability in California rentals
     
  7. mightymoose

    mightymoose Moderator

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    I wish I had seen this sooner. You are in my area.
    It seems this has all worked out though. Before you go to small claims you need to consider what assets the LL has (whether you will be paid if you were to obtain a judgment).
    If LL is about to split to Mexico you may never see a dime. You could potentially place a lien on any property, but why throw more money at it in court if you are unlikely to be compensated?
     
  8. dannyyak

    dannyyak Law Topic Starter New Member

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    Time is up. I've moved out of that freeze box and have told the LL that she can settle out of Court for the sum of $2,336. Legal aid is contacting CE and is going to mail official letter to LL that she will have 10 days to settle or go to SCC. Wml. Thx
     
  9. army judge

    army judge Super Moderator

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    Way to go, mate!
     
    dannyyak likes this.
  10. dannyyak

    dannyyak Law Topic Starter New Member

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    Here is the letter of my intent to the LL. Her name will be blocked out for privacy reasons:

    Dear ***********,

    I am Daniel $$$$$$$. I was your tenant in the rented camper, from September 1st 2016 thru January 31 2017.

    This message is for you to decide if you would like to pay me, Daniel $$$$$$$$, the sum of $2,269. This total amount comes from as follows:

    $175 per month starting in September and ending in January. (5 months @ $175 per month for rent)

    $622, Standard relocation housing for 1st month rent for a 1 bedroom/ 1 bathroom, apartment according to Housing Urban Development (HUD)

    $622, standard security deposit for 1 bedroom/ 1 bathroom apartment, according to HUD

    $150 for utilities deposit on 1 bedroom / 1 bathroom apartment according to HUD services

    At this exact moment , the total amount I am asking for is $2,269.

    I plan on renting a motel room, in which you will be billed and therefore the total of $2,269 will increase for the amount of each night I stay and have receipts documenting the occupancy of motel or hotel room.

    Other expenses can follow as well so it may be in your best interest to not take this action to Small Claims Court, and settle for the current amount of $2,269.

    In the near future, I will have the necessary documents from the city Hall in Dinuba regarding the findings of Angelica Molina, Code Enforcement officer who has deemed the living quarters in which I rented from you from September thru January, inhabitable.

    You may contact me with your decision on whether to settle out of court or otherwise take this lawsuit in front of a Judge to decide the outcome. I'
    Any information you send me will be forwarded to my legal aid.

    If you choose to not to notify me of your decision in a reasonable amount of time, 3-5 days, I will begin my lawsuit against you, ********. In which time, I will save every receipt that will add to the total expense amount.

    Starting tomorrow, February 24th, will begin the time period for you to make your decision. March 2nd 2017 will be the last day to pay me the sum of $2,269. <End>

    I also sent exact message in Spanish using Google translate. All messages were sent to the cell phone I was given upon moving in. I wrote this myself.
     
  11. dannyyak

    dannyyak Law Topic Starter New Member

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    I also plan on printing that letter and to certify mail it to her address.
     
  12. mightymoose

    mightymoose Moderator

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    If you do in fact have some legal assistance you should have them help you edit your letter before sending it.
    When you do send the letter send it with a return receipt so you can prove the date of delivery. You should allow a minimum of 10 days from receipt.
    Your letter needs help. I would not send it as is.
     
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  13. dannyyak

    dannyyak Law Topic Starter New Member

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    OK. That text.mesage won't hold up anyways. I verbally told her in person 10 days ago. I'll edit the letter
     
  14. dannyyak

    dannyyak Law Topic Starter New Member

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    What else did you see that needs to be edited. Keep in mind , she doesn't speak English that well
     
  15. dannyyak

    dannyyak Law Topic Starter New Member

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    ok. i haven't updated this case because ive procrastinated on doing the next step, which is file the scc100. the local sc advisor said i can wait for 2 years but said i should file asap. i really need to follow through on this bcuz ive been hit hard financially since the OP.

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

    army judge Super Moderator

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    Only hens sit on their eggs, humans should hide their eggs, or eat them.

    Good luck, mate, by waiting you give your mark time to evade and escape.
     
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