california eviction legal aid

[VeganChoirGirl]

So, my whole adult life I have been an awesome tenate. Always pay on time. Always keep the place pristine. Always get along well with my landlords. However, now I am embroiled in a seemingly endless drama with my landlord/property management and I don't know what to do. So, I have decided to present my case to you fine folk, and hope that someone will be able to give me some advice.

I began my 12 month lease in mid may 2009. I had one other signer on the lease with the knowledge that two additional people would sublet for the summer and then sign the lease come september. Our landlord seemed professional and upbeat and the downstairs neighbor said she was GREAT! So we paid our deposit in full and first months rent and happily moved in. We started having some problems right away. We had no hot water, mold, bad sink, rickety stair railing, and sever damage to the walls, floors, and blinds. The landlord never showed for the appointment to do the walk through and note previous damage, so we took pictures and noted it ourselves. Then we tried to get in touch with them about the other problems, especially our lack of hot water. For six months we never heard a peep. Then finally out of the blue they call, and claim we had never called or emailed...though we had (and have record of). Our downstairs neighbor fixed our hot water heater and we talked to him and found he was having the same problem, not being able to get in touch with them. More time passes and end of december? A notice is posted to our door saying that the owner of the property our property manager and landlord, was foreclosing due to non-payment on the mortgage. It listed feb fifth as the day. We called the mortgage company and found they stopped paying the mortgage the same time we moved in and disapeared from sight. Of course, at this point we feel totally victimized, but know we can only wait for fifth of feb to come and find out if we are going to be evicted. On the fifth, instead of a public auction they received a one month extension. We continued to pay rent and keep up our end of the lease agreement as planned, though, clearly, nervous. Around this time, the last tenante comes by to pick up some mail and tells us how they have STILL not received their security deposit, and are embroiled in a law suit over it with our landlords. This of course raises the stress level. In march they are given a two month extension on their mortage to come up with the money owed. At this point we decide that we want to leave as soon as possible. We did not pay our april rent and are planning on being out by the first of may, a few days shy of the end of our lease. We sought advice from legal aid, they told us that we would probably end up in small claims court over the amount of rent owed and they may START eviction proceedings which would take 180 days to finalize here in the state of california, and more over that this would not effect our credit. Now we have been served with a document that essentially says, pay in three days or you will be evicted. But evicted when!? What happens if we pay? What happens if we don't?? I don't want to go back to legal aid because I feel like they were misleading. Maybe I just need to find a different org? I don't have the money to pay a lawyer, and I am above the poverty line. I don't really know where to turn. Any advice at all would really be helpful. I live in southern california in la county.

[can't sit still]

Hmmm. I know almost nothing about the law. Not to worry, that won't stop me from giving an opinion.
The so-called document could be fabricated. You can always claim that you didn't receive it Say that it was the babysitter. if the server doesn't know you personally.
You can break the toilet and cry to the health dept. I've heard that it puts the eviction on hold. You could call the sheriff and ask him what to expect. He may be the most accurate source of info since he would execute the eviction.
I'm sure that there must be some sort of renters advocacy group that would counsel you.
You can sue in small claims court. That doesn't cost much. You can claim that respiratory infections from the mold and the cold showers have permanently disabled you. Be creative.

[ygmir]

yeah, though, it's a bad can of worms to open, making stuff up, or fabricating issues......IMHO......

But, I am a landlord, and, have been a renter.
I've not run afoul of the law, so, can't speak from experience.
But, I do know, it takes notices and, notices of notices, to get a "final eviction".
my understanding is, after initial "notice to quit", or eviction, it can take 90 to 120 days for the sheriff to show up..........
but, I'm not Perry Mason, so, my advice, and and 3 bucks, will buy you a cup of coffee.

[Elderberry]

I'm not an expert in this, but the "three day notice to pay rent or quit" is a legal requirement that the landlord is required to give you to start the clock on the eviction procedure. If you don't pay the rent within three days of the notice, they can then file papers with the court to have you evicted. You will get notice of a trial date, etc. As someone already told you, the procedure will take up to 180 days before the sheriff comes to your door to actually move you out. However, even though it may not directly effect your credit, the eviction is public record and would be available to any landlord you wanted to rent from in the future, which could make renting again difficult.

I'm not sure if this option is available here in CA, but some jurisdictions allow you to pay your rent into an escrow account in situations when repairs need to be made and the landlord isn't making them. If this is available in CA, it seems perfect for your situation--you pay your rent into escrow, obviously the landlord isn't planning on making any repairs--just keep taking as much money out of the place as he can before the bank gets it. So, you would at least have the satisfaction of knowing your jerk landlord isn't benefiting from the money and when the property forecloses, the bank will get the money. Or if you are lucky, it might just be refunded to you.

Plus, the landlord wouldn't be able to take you to small claims court either, as you are paying your rent as agreed.

JK

[Isotopia]

Consider the eplaya as a resource for ideas and nothing else.


For legal advice - which this definitely falls into - seek legal counsel.

[ygmir]

oh, sure, Iso......bring reality into it..........

[can't sit still]

My 2 tenants quit paying so I simply told them that they could stay for free. That avoided all problems.

[ygmir]

saint CSS:

[rodiponer]

For about an hour a day I am a property manager.

As others have said, the "three day notice to quit or pay" is the first step in a long series of steps before your evicted. The bad tenants I deal with routinely ignore these.

If I was in your situation I would just move out as soon as possible and not pay the last months rent, to get your security deposit back. Keep plenty of notes.

[can't sit still]

YGMIR, that pic shows my sheep but, it doesn't show my gumboots.

[VeganChoirGirl]

can't sit still, you're seriously a saint!!! I know I can't seek real legal advice from all you lovely burners but I have to say it helps to hear some sane advice from other similarly minded people. Thanks.

[gyre]

These laws vary a lot from one place to another.
Some places can evict you rapidly.

The second you heard about foreclosure, I would have started paying into escrow until I knew something solid.
Laws on that vary too, but having the account goes a long way with a judge.
Usually must be a separate account.

Some places leases can be sustained with a second owner, but cash always helps.
If you're not very pleased there, moving sounds like a good idea.

Definitely check the local laws.
May be worth reading yourself.

[Ugly Dougly]

Check out Nolo Press.
http://www.nolo.com/

[VeganChoirGirl]

We have decided to pay our rent and ask to be released from our lease 12 days early on May 1st. Thanks for all the advice guys. I ended up going to the court this morning to the self-help legal aid center and after some advice there, from a lawyer friend, and a group talk with my roommates we decided to pay. Thank you all so much. Much love.

[gyre]

There are certain areas where most attorneys are not useful, or you have to ask the right questions.
In tenant law, this is the risk/reward of violating certain protocols.

Once I threw out a squatter and then let him sue me.
All the judge cared about was whether I damaged his property.
Laws are strict in that area.
I had been careful with his property, so he had no damages to claim.

Many attorneys are afraid they will be considered to be advising you to do these things.
You often must phrase questions very carefully, just as with journalism.

[Thecatman]

We rent the house we're in as well. We've been here since Feb 04.
I've replaced the kitchen faucet three times in six years. The house has 8ft ceilings
and has several windows about two feet below the ceiling. About four years ago, one of the windows
just broke. It had to be specially ordered so I paid $150 for it including instalation.
We sent a copy of the bill to our landlord and never got so much as a thank you.
We lived here two summers and he finally agreed to install a/c which we paid for.
So this year I'm hoping to have a pellet stove installed, at my expense w/o informing him. We paid for the a/c so I see no reason why he should object.
We have the carpet cleaned yearly, we have the heating and a/c inspected
yearly, all at our expense. And we keep all receipts
Although we won't get an $8000 "tax credit" again, we hope to buy the house by the end of the year
No offense to any BM landlords, but there are some flakey ones who don't seem to care

[motskyroonmatick]

So this year I'm hoping to have a pellet stove installed, at my expense w/o informing him.

The best way to make a wood stove or pellet stove as highly efficient as possible(all other things aside) is to install a cold air intake. Doing that will save you $$$ in the long run. There are tax rebates for installing pellet stoves so you may get some $ back if you pony up for a new one. Otherwise you can save $ and buy a good used one.

Renting sucks. I have had reasonably good situations but always got the short end of the stick too. No deposit back and replacing the refrigerator myself. I'm glad I own now.

[can't sit still]

Mr, Cat, the problem with pellet stoves is the motor for the auger that does the automatic feed. They're crappy. You might ask around to be sure about reliability before you buy.

[Thecatman]

There are tax rebates for installing pellet stoves...

yeah, I've heard it's $1500 or 30%. In my case it'd probably be 30%.
I'd have it professionally installed for my own peace of mind and to satisfy
the landlord when he finds out. The one I'm lookin at claims to be U.S.
made and there happens to be a stove shop in Fallon that carries it.
Thanks for the information
And c s s, thanks for the information as well. I'll interigate the shop
employee a little regarding the auger drive motors in different units.