Retaliatory Eviction Retaliatory eviction claim: Better to use statutory or common law?

[trosoft]

Hi,

I want to know (1) which is better in my case and (2) if I use both options, must I separate them into two causes of action or may I frame both within a single claim for relief.

I rented furnished accommodations in the upper dwelling unit of a duplex; the tenancy was under an oral month-to-month rental agreement. I complained to four different governmental agencies; two complaints concerned habitability problems. Three agencies conducted inspections; three complaint determinations were resolved in my favor. For example, my complaint to Los Angeles Housing Dpt. that alleged non-registration of my rental unit and issuance of invalid 30-day notice to quit was determined to have merit.

I was constructively evicted within two months of filing such complaints. The day of the lockout, my personal property was removed from my rental unit (without my consent). Also, the landlord removed all of the furniture. The following day, the landlord removed the entry door to my rental unit.

I was never in arrears of rent. I was in both peaceable and legal possession of the premises at the time of the lockout.

California Civil Code Section 1942.5 provides for a lessee to bring a civil action against lessor for actual and punitive damages where retaliation results from a complaint to an appropriate agency as to tenantability of a dwelling; it also permits such action where lessee �has lawfully and peaceably exercised any rights under the law.�


Note that the landlord had repeatedly harassed me during my tenancy, to the point of substantial interference with my quiet use and enjoyment of my rental unit.

I called the police the day of the lockout; but landlord claimed that did not presently have a key to the newly changed lock on the entry door to my rental unit.
At first landlord told police that did not know the whereabouts of my property. But, after the police threatened with imminent arrest, then the landlord did return MOST of my personal property.
I did repeatedly demand that landlord replace entry door to my rental unit and return the rest of my personal property, but received no response.
I never was able to re-occupy the rental unit after the lockout, which occurred almost one year ago.

I have copies of my rent receipts, complaints to governmental agencies as well as the corresponding determination letters, police report, photos, etc.

Thank you much,

trosoft

 

[KatDini]

Let it go, and be glad that you're rid of the landlord.

 

[army judge]

Hi,

I want to know (1) which is better in my case and (2) if I use both options, must I separate them into two causes of action or may I frame both within a single claim for relief.

I rented furnished accommodations in the upper dwelling unit of a duplex; the tenancy was under an oral month-to-month rental agreement. I complained to four different governmental agencies; two complaints concerned habitability problems. Three agencies conducted inspections; three complaint determinations were resolved in my favor. For example, my complaint to Los Angeles Housing Dpt. that alleged non-registration of my rental unit and issuance of invalid 30-day notice to quit was determined to have merit.

I was constructively evicted within two months of filing such complaints. The day of the lockout, my personal property was removed from my rental unit (without my consent). Also, the landlord removed all of the furniture. The following day, the landlord removed the entry door to my rental unit.

I was never in arrears of rent. I was in both peaceable and legal possession of the premises at the time of the lockout.

California Civil Code Section 1942.5 provides for a lessee to bring a civil action against lessor for actual and punitive damages where retaliation results from a complaint to an appropriate agency as to tenantability of a dwelling; it also permits such action where lessee �has lawfully and peaceably exercised any rights under the law.�


Note that the landlord had repeatedly harassed me during my tenancy, to the point of substantial interference with my quiet use and enjoyment of my rental unit.

I called the police the day of the lockout; but landlord claimed that did not presently have a key to the newly changed lock on the entry door to my rental unit.
At first landlord told police that did not know the whereabouts of my property. But, after the police threatened with imminent arrest, then the landlord did return MOST of my personal property.
I did repeatedly demand that landlord replace entry door to my rental unit and return the rest of my personal property, but received no response.
I never was able to re-occupy the rental unit after the lockout, which occurred almost one year ago.

I have copies of my rent receipts, complaints to governmental agencies as well as the corresponding determination letters, police report, photos, etc.

Thank you much,

trosoft

What you describe, if true, wasn't a retaliatory eviction.
It may have been an illegal eviction.
If you were in a month to month tenancy, your recovery rights may be limited.
If you were in a written lease, you may have more remedies available, assuming you can prove yoru case.
There is a very fine legal line between abandonment and illegal eviction.
If this was a commercial, versus a residential lease, things become even more murky.

Plus, you'll have to prove up real damages, as well as statutory relief.

I suggest you speak with three or four local real estate attorneys about the facts, as you understand them n this case.
Normally the initial consultation comes without cost or further obligation.

The consultation will provide you an opportunity to lay out what you believe to be the facts of the case.
A local attorney can then answer your questions and offer you information about how judges in your county see these types of cases.
Contrary to what most think, the law varies as to how its dispensed all across this nation.

If you're still trying to litigate this matter as a result of original post FOUR years ago, I suggest you let this go.
If you persist in this matter, you're going to regret what eventually happens to you far more than what you believe your landlord's alleged transgressions against you that precipitated your ire years ago.

What you're engaging in could be perceived as filing frivolous lawsuits.
I suggest you take a deep breath or two, say a few magic and calming words, then let it all go.