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Landlord retaliation and negligence compounds injury? Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by formerfuture, Dec 6, 2005.

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  1. formerfuture

    formerfuture Law Topic Starter New Member

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    Due to the unreasonable and deliberate carelessness of my landlord and his conspiring with accused drug dealers whom I live(d) with. I have suffered considerable pain, emotional suffering and psycological trauma that could have been avoided if my initial warnings and complaints were considered and acted upon with a degree of civility. I believe that every occurrence which has transpired after my intial complaints were met with disregard and then open hostility the damages would not have occured.
    It began when the owner evicted my former master tenant and sued him for breach of contract, damages listed at $20,000.00. The owner made myself and my co-tenant master tenants by what he refered to as ipso facto leasees. Shortly afterward my cotenant worked in concert with other criminals whom he wished to move in so that he could have a larger growing operation maliciously removed then vandalized $3,000 worth of my personal belongings that were inside of my room. My property was removed at 4:30 am and then pushed over a ledge falling 25ft (approximately) to the concrete below. My property included everything for my non-profit I had been working on starting for 2 years.
    The felonious vandalism was followed by weeks of aggravated mayhem, assault, battery and larceny. Then on Oct 14, I was served with a summons to appear in court. My landlord had included me in the aformentioned lawsuit which he had filed in July. I believe without a doubt that he did this as a form of retaliation and intimidation. This was a $20,000 breach of contract tort that he had filed against my former master-tenant.
    My co-tenant who has lived here longer than myself, is a known dealer with a record was not served with a summons.
    That very same evening my co-tenants began constructing a wall that obstructed my access to the larger portion of our warehouse and changed the locks on the only other access to the warehouse effectively evicting/locking me out me from 75% of the warehouse as well creating a hazardous fire trap.
    This is just example of another act of intimidation and illegal retaliatory evictions which has occurred the premises located. other notible incidents are, rent refusal, then a rent increase of 175%, a verbal threat to evict, he actually even paid my cotenant to build the wall, I was arrested on a false complaint of aggrivated assualt with a deadly weapon, which was dropped (but I spent the most traumatic 4 days of my life waiting for my arraingment in one of the states most hardcore jails (Santa Rita),) I suffered a near complete mental collapse and suffered from 3 siezures in jail.
    Sorry, I got ahead of myself.

    During the months before the wall’s construction, my co-tenants intimidated any sympathetic sub-tenant to move out and rented their rooms to individuals that sided with them, thereby effectively alienating me. I reported this to my landlord and he responded by refusing my rent. After two weeks, 1 called the building department and he raised my rent to an outrageous $1407 from the original $550. This is after I notified the landlord, for the 10th time (by means of certified letter which listed in detail all of my grievances), he also banned my emails, threatened me with eviction, invaded my privacy and placed me in harms way by circulating false information. Regarding the lawsuit I believe he included me for these reasons:
    1. I can’t be evicted by an unlawful detainer because I had notified the building department of several violations which were confirmed. My landlord has been renting out this building for residential purposes when it was zoned for light industrial.
    2. To intimidate me because what he really wants is for me to move out.
    3. To convolute his own negligence and to diminish my credibility.
    4. To profit from a condo conversion he has in the works and ensure that I am not around to fight it. It is an illegal condo conversion.
    On November 16th, the day of the first open tenants’ meeting (which I’d made the tenants aware of), officers appeared at the meeting and brought me into custody, enforcing a citizens arrest made by one of my cotenants’ new subtenants. I was arrested for aggravated assault with a deadly weapon. I state for the record that the claim was false and made for purely vindictive reasons. I believe that I was accused of committing two felony counts and I spent 4 devastating days in jail. Four days with no arraignment. To say that I suffered emotional distress is a gross understatement. I had sprayed my girlfriend’s pepper spray in an attempt to protect myself when someone came at me with a 4’ metal pipe. I did this after they crossed the threshold where the wall that evicted me had been constructed. Add to this the fact that the attempted home invasion was committed the day prior but it had been I who notified the police. In total I have contacted the police department no less than 10 times. I have even corresponded with Lt. ------, Lt. ----and Officer ------------. The officer who was first on the scene and who also was on the scene the day I was physically battered was Officer ----. Officer ---- and Officer ----- were also made aware of the fact that my co-tenant had cut a hole in the drywall in the room next to my bedroom, drilled a hole for better acoustics and attached a listening device next to that hole. Nothing was done. \
    Finally on Nov. 21, I was released. No charges filed. While I was in North County, the landlord’s lawyer had sent me a letter on Nov. 17th informing me that if I made any attempt to further harass his client or the "next door neighbors", I would be evicted. I believe that the false arrest complaint was prompted by my landlord. Since then one man has been arrested for possession of narcotics with intent to distribute, i am still being harrassed in a number of ways which I will forgo writing here.
    While doing research on tenant’s rights, I discovered these facts:
    1.The building I live in is zoned as light industrial only.
    2. The owner is currently doing a similar project on ------ and on ---------.
    3. The owner owns several businesses and buildings, one being one of the largest specialty food distributors in the West Coast.
    4. I have an email from someone he has evicted before by building a wall.
    5. The building may be scheduled to be demolished as soon as April 2006.
    I have more information and evidence to support my claims but I can’t find a decent tenant lawyer to represent me because of a lack of funds. My emotional state is diminishing so much that I’ve had to rely on friends to help me seek counsel and even to write this letter. I ‘d procured a lawyer in September, but he only took the rest of my savings and did nothing. I don’t know what to do and I have no one to help me. If you have any power to do so, can you please help before it is too late? I am an artist and a freelance web designer. The warehouse, called ------ Gallery, has a history of art community events and is located at ----------- (it’s a city block long with almost 80 tenants in its many units.) If you’re so inclined, my artwork can be viewed at www.liminalmediagroup.com.

    Thank you for your time,
     

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