What are my options now?

Anjelica

New Member
Jurisdiction
California
I was evicted on September of 2016 on an Unlawful Detainer. I did my research before taking action as far as writing a letter of repairs and with held rent. The landlord fixed minor and dusted off the major. We paid the rent anyways. I lived in a small town in Merced county. Before proceeding with withholding rent I had contacted Code Enforcement with the City but they told me they couldn't do anything unless my house was so bad it was falling apart and that they didn't have the right equipment to check the house but weren't too familiar with what I was requesting. The city then said to contact the county and county said I was out of Merced County jurisdiction and it was the citys responsibility, mind you at this time I was in the process of facing possible UD. A second letter was sent to the landlord and he came harassed me in my home and questioned why I was still there if the place was so bad and my answer was We had made that a home for our children. He told me I didn't know what I was doing and he'd be contacting his attorney and see if he had to make those repairs and then slammed me with a 3 day notice (Retaliation for requesting repairs) I lost before the court date because the waivers were not submitted I was bummed and requested a motion lost he second time due to not submitting original UD205 and again I was unheard. After court we were harassed he sent texts saying we were stupid and had no idea what we were talking. He had someone impersonate a cop the day we had to be out and call my husband to return a fridge and stove that we brought into the home and he was well aware of. Then said we were no longer welcome in that town and if we were seen we'd be arrested. We lived there 4 years and had felt like we lost everything. He could of simply moved us out considering he owns 7 home and an apartment complex. I still have all communication with the city and county I feel they didn't help me either. It caused emotional distress on my family.
 
Sorry, but I don't see where you have any options if suing the former landlord is what you are asking.

The court ordered you out. That's that.

What the former landlord is saying about you being arrested is BS.

For the future make sure you know the CA landlord tenant statutes:

Codes Display Text
 
So even if i have the photos of the mold. Crack in the chimney that allowed water damage. Hole in the sewer pipe which poop would come up in the kitchen sink and tub? Not worth suing? Or going to small claims?
 
I'm not sure what the point of your post is. You told us you got evicted nearly two years ago, and the only question asked is "what are my options now?" Options for what?

So even if i have the photos of the mold. Crack in the chimney that allowed water damage. Hole in the sewer pipe which poop would come up in the kitchen sink and tub? Not worth suing? Or going to small claims?

So...there was mold in a place you lived two years ago. Why wasn't this brought up during the eviction case? Same with any water damage to your personal property.

"Going to small claims" is the same thing as suing. If you had something to sue your former landlord over, you should have used it as a defense to the eviction action or filed a counterclaim.

It's almost certainly too late to do anything about any of this now. After two years, it's time to move on with your life.
 
I'm not sure what the point of your post is. You told us you got evicted nearly two years ago, and the only question asked is "what are my options now?" Options for what?



So...there was mold in a place you lived two years ago. Why wasn't this brought up during the eviction case? Same with any water damage to your personal property.

"Going to small claims" is the same thing as suing. If you had something to sue your former landlord over, you should have used it as a defense to the eviction action or filed a counterclaim.

It's almost certainly too late to do anything about any of this now. After two years, it's time to move on with your life.


I do believe i mentioned in my post that I wasn't given that chance due to not turning in the waivers so I lost before my court date with not being heard. I filed a motion and another court date was given and I showed up only to not be heard because I didn't submit the original UD. I had an attorney working contingency 8 months later only to have her drop my case last year and tell me she was too busy. So i've tried.
 
Res judicata.

Search the internet for the answer.

Res judicata.
 
Then, as mentioned previously, it's time to move on.
Would you kindly tell me how much time I have left? I will not give up until I legally cant do anything about it. My kids got sick very frequent and were on nebuliser because the mold in that home.The city failed along with the county to get me some help when in need. Instead pointed the finger at one another. This man has money and donates lots to the city which is why they ended up backing out when push came to shove. Any kind of recommendation or anything I should know could help and be much appreciated!
 
Res judicata.

Search the internet for the answer.

Res judicata.
How do you think i ended up here? I have searched and read up my rights as a tenant. And I know that it was unfair. Now days not a lot of people try to help unless you have the right money to get help. A lot of people want to see whats in it for them. This world is filled of greed. I have asked for help and gotten not too far.
 
Res judicata translated loosely from Latin means "the matter has been adjudicated or decided."

Res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits.

"Finality" is the term which refers to when a court renders a final judgment on the merits.

Res judicata is also frequently referred to as "claim preclusion," and the two are used interchangeably.

Definition of RES JUDICATA • Law Dictionary • TheLaw.com

Doctrine of res judicata
 
Res judicata translated loosely from Latin means "the matter has been adjudicated or decided."

Res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits.

"Finality" is the term which refers to when a court renders a final judgment on the merits.

Res judicata is also frequently referred to as "claim preclusion," and the two are used interchangeably.

Definition of RES JUDICATA • Law Dictionary • TheLaw.com

Doctrine of res judicata

Well I kind of get it. I cant file a lawsuit after a judgement has been made on the first court which was him retaliating and suing for unpaid rent (which we with-held due to repairs) I am assuming the judge never read my reasoning to with hold the rent because since i automatically lost before the court date due to the waivers not being submitted on time. I filed a motion got into the court room just to be told I didn't submit the original UD and they won. SO then I would be able to have a case because I wasn't the party suing. I was the tenant exercising my rights and standing firm thinking the city would have my back because they have had numerous complaints about this landlord. But for my understanding I'm not going in for the reasoning of the first case, right?
 
I'm not sure what the point of your post is. You told us you got evicted nearly two years ago, and the only question asked is "what are my options now?" Options for what?



So...there was mold in a place you lived two years ago. Why wasn't this brought up during the eviction case? Same with any water damage to your personal property.

"Going to small claims" is the same thing as suing. If you had something to sue your former landlord over, you should have used it as a defense to the eviction action or filed a counterclaim.

It's almost certainly too late to do anything about any of this now. After two years, it's time to move on with your life.


Wish i was told of a counterclaim when I was going through all this sh**
 
Res judicata translated loosely from Latin means "the matter has been adjudicated or decided."

Res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits.

"Finality" is the term which refers to when a court renders a final judgment on the merits.

Res judicata is also frequently referred to as "claim preclusion," and the two are used interchangeably.

Definition of RES JUDICATA • Law Dictionary • TheLaw.com
Doctrine of res judicata

Well thank you for your help! God BLess
 
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