army judge
Super Moderator
You didn't know then, what you know now.
You're not breaking the law.
You're the innocent VICTIM of a greedy slumlord.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Unlawful Eviction Eviction without notice
- Thread Starter dannyyak
- Start date
You didn't know then, what you know now.
You're not breaking the law.
You're the innocent VICTIM of a greedy slumlord.
army judge
Super Moderator
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?
army judge
Super Moderator
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
mightymoose
Moderator
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?
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?
army judge
Super Moderator
Way to go, mate!
Here is the letter of my intent to the LL. Her name will be blocked out for privacy reasons:
Dear ***********,
I am Daniel $$$$$$$. I was your tenant in the rented camper, from September 1st 2016 thru January 31 2017.
This message is for you to decide if you would like to pay me, Daniel $$$$$$$$, the sum of $2,269. This total amount comes from as follows:
$175 per month starting in September and ending in January. (5 months @ $175 per month for rent)
$622, Standard relocation housing for 1st month rent for a 1 bedroom/ 1 bathroom, apartment according to Housing Urban Development (HUD)
$622, standard security deposit for 1 bedroom/ 1 bathroom apartment, according to HUD
$150 for utilities deposit on 1 bedroom / 1 bathroom apartment according to HUD services
At this exact moment , the total amount I am asking for is $2,269.
I plan on renting a motel room, in which you will be billed and therefore the total of $2,269 will increase for the amount of each night I stay and have receipts documenting the occupancy of motel or hotel room.
Other expenses can follow as well so it may be in your best interest to not take this action to Small Claims Court, and settle for the current amount of $2,269.
In the near future, I will have the necessary documents from the city Hall in Dinuba regarding the findings of Angelica Molina, Code Enforcement officer who has deemed the living quarters in which I rented from you from September thru January, inhabitable.
You may contact me with your decision on whether to settle out of court or otherwise take this lawsuit in front of a Judge to decide the outcome. I'
Any information you send me will be forwarded to my legal aid.
If you choose to not to notify me of your decision in a reasonable amount of time, 3-5 days, I will begin my lawsuit against you, ********. In which time, I will save every receipt that will add to the total expense amount.
Starting tomorrow, February 24th, will begin the time period for you to make your decision. March 2nd 2017 will be the last day to pay me the sum of $2,269. <End>
I also sent exact message in Spanish using Google translate. All messages were sent to the cell phone I was given upon moving in. I wrote this myself.
Dear ***********,
I am Daniel $$$$$$$. I was your tenant in the rented camper, from September 1st 2016 thru January 31 2017.
This message is for you to decide if you would like to pay me, Daniel $$$$$$$$, 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.
mightymoose
Moderator
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.
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.
OK. That text.mesage won't hold up anyways. I verbally told her in person 10 days ago. I'll edit the letter
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
Sent from my SM-J100VPP using Tapatalk
army judge
Super Moderator
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.
Share this page
