Landlord Harassment and Eviction

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cinnamon

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I am having to go to court this moring in regards to an eviction in Long Beach, CA.

I have received a 3-day notice in December for $260.00 owe on the rent for that month and another 3-day notice in January for rent due and this was served after I made numerous complaints to the landlord about these other tenants who constantly destruct my property in which I stay right above them. The landlord told me that he doesn't care about anything but the rent and that's it, and is not responsible for any tenants behavior. He's tired of being billed and the police coming out to resolve the problem. I was very upset by his words. The landlord has tried to give me money by attempting to force me out. He said that if I don't accept his money that I will be evicted and it will be worse. I have damages inside my home from the previous landlord who refuse to fix anything and the issues about forcible entry to my apartment. Both landlords have entered my apartment with notice and touch my personal things to aggrevate me for calling the police on the bad tenants downstairs. I was very shocked and felt like I was raped of my privacy. The landlord has refused to fix my clogged sinks and the apartment. I had withheld my January rent and recently 2 weeks ago, the neighbors put crazy glue in my door locks and I was lock out of my home from 8:00 PM until about 6:00 AM in the morning. I found out that the landlord had told the neighbors to due that to my front door because of my refusing his offers. The landlord said he would pay me for the damages what the tenat did, but now he saying that he is not going to pay me for the damages that had occured from the other bad tenants. He has given these tenants copies of my rental agreement and he told these these to do whatever they want to get me out of the apartment. So you understand me and these tenants use to be good friends until the guy has abused the woman and child abuse her child and I reported the abuse for the child's sake by request of the child, because of the child's fear and mother is still residing with this crazy man. These tenants just yesterday challenged me to a fight and continue to harass me. They backed down and I called landlord and told landlord that I will see him in court since the landlord likes to instigate and provoke situations for his own personal gain. An attorney told me to go ahead to court this morning and fight like hell because of the harassment which is illegal, the breach of confidentiality, the lock out, and all the forcible entry that had occured by the current and former landlord ( he came in my home while he was not the owner any longer and current landlord lied about not having the keys to my home, which it doesn't take that long to obtain keys to our apartments after a final sale). I was shocked and I want some advice on what my options are if I lose this case and can I file an appeal at the appeal court.
 
My experience in landlord-tenant court is that by default, the court should protect the tenant who needs the protection. In cases where the landlord has used the court to evict tenants after engaging in significant wrongful conduct has proven to be the landlord's undoing. Not only does he get stuck with attorney's fees it is possible that the tenant can conterclaim and demand rent abatements due to the landlord's breach of the lease.

You may want to itemize each and every complaint and issue and place a dollar value on some of your damages. When is the court date?

Typically the court may demand that you pay some rent into court while it works out the issues. I don't know all the issues in your case but typically the tenant pays some rent, has the right to stay, and the landlord is stuck paying for his attorney and getting less rent unless it is clear that the tenant is a true deadbeat and trying to take advantage of the court. This one may work against the landlord if what you are impying is accurate. Damages may also be appropriate as it appears that there may be a 'retaliatory eviction' and something you may want to bring up in court.

Originally posted by cinnamon
I am having to go to court this moring in regards to an eviction in Long Beach, CA.

I have received a 3-day notice in December for $260.00 owe on the rent for that month and another 3-day notice in January for rent due and this was served after I made numerous complaints to the landlord about these other tenants who constantly destruct my property in which I stay right above them. The landlord told me that he doesn't care about anything but the rent and that's it, and is not responsible for any tenants behavior. He's tired of being billed and the police coming out to resolve the problem. I was very upset by his words. The landlord has tried to give me money by attempting to force me out. He said that if I don't accept his money that I will be evicted and it will be worse. I have damages inside my home from the previous landlord who refuse to fix anything and the issues about forcible entry to my apartment. Both landlords have entered my apartment with notice and touch my personal things to aggrevate me for calling the police on the bad tenants downstairs. I was very shocked and felt like I was raped of my privacy. The landlord has refused to fix my clogged sinks and the apartment. I had withheld my January rent and recently 2 weeks ago, the neighbors put crazy glue in my door locks and I was lock out of my home from 8:00 PM until about 6:00 AM in the morning. I found out that the landlord had told the neighbors to due that to my front door because of my refusing his offers. The landlord said he would pay me for the damages what the tenat did, but now he saying that he is not going to pay me for the damages that had occured from the other bad tenants. He has given these tenants copies of my rental agreement and he told these these to do whatever they want to get me out of the apartment. So you understand me and these tenants use to be good friends until the guy has abused the woman and child abuse her child and I reported the abuse for the child's sake by request of the child, because of the child's fear and mother is still residing with this crazy man. These tenants just yesterday challenged me to a fight and continue to harass me. They backed down and I called landlord and told landlord that I will see him in court since the landlord likes to instigate and provoke situations for his own personal gain. An attorney told me to go ahead to court this morning and fight like hell because of the harassment which is illegal, the breach of confidentiality, the lock out, and all the forcible entry that had occured by the current and former landlord ( he came in my home while he was not the owner any longer and current landlord lied about not having the keys to my home, which it doesn't take that long to obtain keys to our apartments after a final sale). I was shocked and I want some advice on what my options are if I lose this case and can I file an appeal at the appeal court.
 
UPDATE ON THIS SITUATION- Eviction and Bankruptcy was file!! Help!!

In response to my issues. The judge ran in favor of the landlord and I constantly have been getting harassed by both the landlord and these neighbors in which I reside in North Long Beach, CA. I was told by several people that the judge only favors landlords and he didn't lsten to any of my evidence that I presented to him. He only gave me a Stay of Execution for 15 days. I'm very upset that I have no money to move and lost $150 bucks in paying for the lock that the bad tenants destroyed by plugging my lock with crazy glue. I had to file bankruptcy and the landlord was served with the notice. The Los Angeles county sheriffs's are telling me that they will still evict me on 02/29/2004 regardless of what bankruptcy court says and I was approved by the federal court of an Automatic Stay. If the sheriff's evict me what can I do and how can I keep my home. The sheriff's tried to tell me that they have a Writ of Mandate and they can override the automatic stay, so they can put me out. Please help me. I will be homeless and the landlord said all he wants is the possession and not the money, but the judge can granted money in his favor. Please help.
 
Re: UPDATE ON THIS SITUATION- Eviction and Bankruptcy was file!! Help!!

In my experience I have found that landlord-tenant courts can be less than satisfactory places to determine justice, perhaps more so than other courts. Not always the case but at times it has seemed that way.

That being said, from what you told me I'm getting an idea of what the judge may have perceived -- that you are another person who doesn't have the money to pay the rent and is seeking excuses why not to pay. I don't know the past history in the case but you need to file bankruptcy might suggest there is more that the landlord presented here that might have cast your case in a bad light.

I'm not sure what can be done for you because the automatic stay will only last so long and my understanding is that you can be evicted. The best thing to do would be to first contact a state shelter in the event you really do have nowhere to go and take reorganizing your plan from there.

I'm really sorry to hear about your situation and wish that there was something more that I could tell you. I hope that you have better luck moving forward.

Originally posted by cinnamon
In response to my issues. The judge ran in favor of the landlord and I constantly have been getting harassed by both the landlord and these neighbors in which I reside in North Long Beach, CA. I was told by several people that the judge only favors landlords and he didn't lsten to any of my evidence that I presented to him. He only gave me a Stay of Execution for 15 days. I'm very upset that I have no money to move and lost $150 bucks in paying for the lock that the bad tenants destroyed by plugging my lock with crazy glue. I had to file bankruptcy and the landlord was served with the notice. The Los Angeles county sheriffs's are telling me that they will still evict me on 02/29/2004 regardless of what bankruptcy court says and I was approved by the federal court of an Automatic Stay. If the sheriff's evict me what can I do and how can I keep my home. The sheriff's tried to tell me that they have a Writ of Mandate and they can override the automatic stay, so they can put me out. Please help me. I will be homeless and the landlord said all he wants is the possession and not the money, but the judge can granted money in his favor. Please help.
 
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