Harrasment lawsuit

[minasula]

Harrasment lawsuit.

I live in the same apartment for the last 21 years. I have been taken to court more that once by my landlord. Every time I won. The last time was in November 2000, for a declaratory relief, (they wanted my son out of the apartment) Of course they lost, as my lease says Me and my children. What I would Like to know: 1) Is there a statue of limitation for a harrasment lawsuit? 2) Is a declaratory relief considered a law suit? Thank you for your answer.

 

[Michael Wechsler]

Was it a frivolous lawsuit? In other words, while the court found that you were not in the wrong, was there at least some reasonable purpose for the landlord to bring suit? If your lease is so clear, why did they bring the lawsuit? Usually people won't invest money unless there is a reason to do so -- why do you think the landlord is harrassing you?

Declaratory relief is when a court looks at an issue quickly to interpret words in a contract that could completely affect the outcome. Here it seemed to deal with your lease wording regarding your son -- but was it only the issue you say below? Is there some other part of this case that is important, e.g. it is your son and his girlfriend, etc. or that your son might be accused of being involved with a controlled substance, etc.? If it was only interpreting the words regarding your son, then you might have a case for harrassment. There are statutes of limitations on harrassment, which would probably be considered a "tort." The length of time varies from state to state but I have frequently seen a length of 3 years.

 

[minasula]

Harrasment law

Thank you for answering me so fast. You know, 21 year history is quite long. Before I tell you more about my case, I must specify that I live in Santa Monica, CA... where rent control is one of the strongest compared to anywhere in the Country. My landlord wants me out, as in 1999, the law changed, and when a tenant moves out, the landlord can bring the rent to market value, and after that, the unit will go under rent control law. My rent now is $1145.00, if I moved out, she could rent the place for at least $3000.00 When I rented the unit, I was with my 3 children. Today, 2 of them are maried and out, my youngest, still lives with me (and takes care of me financially). Because he had baught a condominium, from 1995 to 1999, he lived there, but never gave up his rights of living with me,where he used to spend the weekends. In 1998, when my oldest son and his wife moved out (as they had baught a house), my youngest son, rented his condo, and came to live with me, mainly to help me financially. That's when they said that I was subleasing to my son, and took me to court, filing a declaratory relief. The court said, "The lease says Hermine and her three children. It does not say they have to move out at 25? 40? Therefore the son has the right to stay as long as the mother is there" After that, my son paid the rent with his own check, they refused, saying that he is not a tenant, as the law says, once you pay the rent, and if they cash your check, you are officially recognized as being a tenant. My son paid rent for several years - between 1992 to 1995 - He already is a recognized tenant.... But because the court said " he has the right to stay as long as the mother is there", the landlord hopes, that should I pass, they could evict my son. Now, my son has filed a declaratory relief, asking the court to determine what his rights are. Santa Monica ordinance says: A tenant is: a subtenant, ;essee, sublesse or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit. I know this has been too long. But I needed to say at least this much to give you an idea of what's going on. Could you please tell me if my son has a chance? How many years is the statute of limitations for harrasment in California. Thank you so much.