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landlord problems Retaliatory Eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by mrspowers, Nov 13, 2013.

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  1. mrspowers

    mrspowers Law Topic Starter New Member

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    I am having trouble with my landlord. They seem to think that we have to store their personal belongings in our garage which is attached to our house. Nothing in the agreement states that we have to. There are 2 outbuildings on our property that they already use and use of them is not disclosed in our rental agreement. We have asked them several times in the last six months to remove their property from our garage and they refuse. The property is a huge older non working stove. My husband put it outside the garage in a gated area and covered it. The landlord was aware of this as he has seen it several times. today he asked my husband to put it back in the garage and he refused. So landlord said he was going to get an eviction notice. Is this legal?
     
  2. army judge

    army judge Super Moderator

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    If he decides to initiate eviction proceedings, it can be for a million, imagined reasons: you're too quiet, you're too weird, you're suspicious, you wear blue clothing on Thursdays, or you've cursed him...then he must prove it up to a judge. Essentially, you're not leasing outbuildings, unless the lease specifically indicates that. You're leasing housing for humans, normally disclosed by name, age, relationship. By removing his property, then refusing to replace it, you've likely breached the lease, which constitutes grounds for him to seek your eviction. I suggest you THOROUGHLY reacquaint yourself with the lease, because if you decide to defend the eviction, it could be helpful.

    That said, here's some information on evictions generally in CA.

    http://www.courts.ca.gov/selfhelp-eviction.htm

    http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

    http://ocsd.org/divisions/custody/court/civil/evicting

    http://www.tenantslegalcenter.com/html/evictions.html

    http://www.caltenantlaw.com/Eviction.htm

    You can Google YOUR COUNTY, CA EVICTIONS and the local courts will offer you guidance on the process.

    Whatever you do, if you're served by the sheriff or other LEO, don't ignore it.

    It could allow him to prevail by default!

    If he does file against you, it'll likely take 4-6 weeks (maybe longer) before the case is heard, just in time for Christmas, huh?
     
    Last edited: Nov 13, 2013

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