Property owner is evicting me because my apartment was broken into

Jurisdiction
California
I responded with this letter.

Thank you for reaching out to me regarding the recent claim made by my neighbor alleging that I purposely damaged your door. Please understand that I was not present in the building during the timeframe when the incident occurred, and I have also taken the necessary steps to address the situation promptly. I appreciate your cooperation in providing the relevant details of the incident.

Firstly, I would like to assure you that I take all tenant concerns seriously, and I strive to address them in a fair and impartial manner. Given the circumstances you have described, where I was not in the building at the time of the incident and the complaint was made after the fact, it seems highly improbable that I could have been responsible for the damage to your door. The fact that the complaint was made to the property manager and not the police further supports my claim of innocence.

Please also acknowledge my willingness to take responsibility for any damages incurred to the door and frame, which demonstrates my commitment to maintaining a harmonious living environment. I documented my offer to pay for the repairs and any communication I have had with the property manager regarding this matter. This will serve as evidence of cooperation and goodwill.

Furthermore, it is important to mention that I have been a long-term resident of the building for 23 years and have consistently fulfilled your rent obligations during this time. My exemplary rental history indicates dedication as a responsible tenant, and it should be taken into consideration when assessing the allegations.

Please understand that I have mentioned having schizoaffective disorder, being a low-income individual, and belonging to a minority group. While these factors do not directly relate to the incident itself, please recognize the importance of maintaining fairness, equality, and empathy in all aspects of your operations.

Regarding the likelihood of you winning a potential eviction case, I cannot provide a definitive answer without knowing the specific tenant laws and regulations in Huntington Park, as they can vary significantly. I strongly advise you to consult with a legal professional who specializes in tenant law to better understand your rights and options in this situation. They will be able to provide you with tailored advice based on the laws applicable to your specific location.

Lastly, please appreciate that I filed a police report regarding the incident and that I took steps to ensure the incident is properly documented. The existence of cameras in the building, as well as potential footage from the nearby donut shop, may provide valuable evidence to support the case. If you have any additional evidence or witnesses to support your alibi, I encourage you to gather and present this information to strengthen your defense.

In summary, I want to reiterate my commitment to addressing this matter fairly and objectively. I encourage you to gather any relevant evidence, seek legal advice, and maintain open communication with the property manager to resolve the issue in a satisfactory manner. My long-standing tenancy and the evidence presented should serve as strong factors in my favor.

If you have any further questions or require additional assistance, please do not hesitate to reach out to me. I am here to support you throughout this process.

Best regards,

Adan
 
Note that I have deleted your personal information from your second post and from the attachment, neither of which should be posted on a public forum.

If you haven't sent that letter yet, I suggest you don't. Information about your disability at this point is not necessary, nor are any veiled threats of litigation. The landlord doesn't need YOUR legal advice or assistance to evict. YOU are the one that needs to obtain your own legal advice to defend against eviction were it to happen.

What, exactly, has the landlord communicated to you? Was it in writing? What does it say? Quote it word for word.

Tenants erroneously use the word "eviction" as synonymous with "termination of tenancy." They are different. A notice of termination is an administrative process. Eviction is a court process and requires a summons and complaint.

Are you within the duration of an annual lease or are you on month to month? It matters greatly.

As for laws, I suggest you educate yourself by reading the CA landlord tenant statutes at:

Codes Display Text (ca.gov)

Meantime, you have not asked any questions. If you have any, ask away.
 
Note that I have deleted your personal information from your second post and from the attachment, neither of which should be posted on a public forum.

If you haven't sent that letter yet, I suggest you don't. Information about your disability at this point is not necessary, nor are any veiled threats of litigation. The landlord doesn't need YOUR legal advice or assistance to evict. YOU are the one that needs to obtain your own legal advice to defend against eviction were it to happen.

What, exactly, has the landlord communicated to you? Was it in writing? What does it say? Quote it word for word.

Tenants erroneously use the word "eviction" as synonymous with "termination of tenancy." They are different. A notice of termination is an administrative process. Eviction is a court process and requires a summons and complaint.

Are you within the duration of an annual lease or are you on month to month? It matters greatly.

As for laws, I suggest you educate yourself by reading the CA landlord tenant statutes at:

Codes Display Text (ca.gov)

Meantime, you have not asked any questions. If you have any, ask away.

Apologies, the information is public knowledge on Google I assumed it was okay. Landlord has only verbally stated the eviction. They plan to sue me in court. My question is do I have a solid defense argument. I am not asking if I am going to win the case.
 
Do you have a solid defense to what? Your letter doesn't tell us what the landlord is claiming. With that said, you may have protections even on the local level. If you are served with legal documents of some sort, you should run them by a landlord/tenant attorney.
 
Landlord has only verbally stated the eviction.

That doesn't cut it. Read the statute carefully and thoroughly. Make it your bible. There are statutory requirements for written notice.

And you haven't answered the question about annual lease or month to month.

They plan to sue me in court.

There is no "plan to sue." There is either sue or not sue. If you get served with court papers you'll need to discuss them with an attorney. If you can't afford an attorney, look for local tenants rights agencies or legal aid for assistance.

My question is do I have a solid defense argument. I am not asking if I am going to win the case

You would certainly have a defense against an eviction that was improperly attempted.

my willingness to take responsibility for any damages incurred to the door and frame,

If you are serious about that, then hire somebody to fix the door and submit photos of the repair. Saying is not doing. Doing is doing.
 
Apologies, the information is public knowledge on Google I assumed it was okay. Landlord has only verbally stated the eviction. They plan to sue me in court. My question is do I have a solid defense argument. I am not asking if I am going to win the case.

You proposed letter is waaay tooooo loooooooooong.

Keep your response short, sweet, and factual.
 
Do you have a solid defense to what? Your letter doesn't tell us what the landlord is claiming. With that said, you may have protections even on the local level. If you are served with legal documents of some sort, you should run them by a landlord/tenant attorney.
My apologies he is claiming I damaged the property and is filing a lawsuit.
 
That doesn't cut it. Read the statute carefully and thoroughly. Make it your bible. There are statutory requirements for written notice.

And you haven't answered the question about annual lease or month to month.



There is no "plan to sue." There is either sue or not sue. If you get served with court papers you'll need to discuss them with an attorney. If you can't afford an attorney, look for local tenants rights agencies or legal aid for assistance.



You would certainly have a defense against an eviction that was improperly attempted.



If you are serious about that, then hire somebody to fix the door and submit photos of the repair. Saying is not doing. Doing is doing.
Yeah I already fixed the door. I painted it and buffed it.
 
That doesn't cut it. Read the statute carefully and thoroughly. Make it your bible. There are statutory requirements for written notice.

And you haven't answered the question about annual lease or month to month.



There is no "plan to sue." There is either sue or not sue. If you get served with court papers you'll need to discuss them with an attorney. If you can't afford an attorney, look for local tenants rights agencies or legal aid for assistance.



You would certainly have a defense against an eviction that was improperly attempted.



If you are serious about that, then hire somebody to fix the door and submit photos of the repair. Saying is not doing. Doing is doing.
Sorry forgot to mention I already sent a request to my local courthouse so the suit is happening. I have a pro Bono lawyer and a firm behind them.
 
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