Crazy landlords

[StephanieVikingGirl]

Hi all,

I kinda am dealing with a nasty situation. Since it was Valentines day weekend, I had my two closest loved ones visiting me in Angwin. I don't know if it was too many trans folk, or if it is about money, but my landlords have gotten a bit crazy, and not in a good way.

I have been renting half of a guest house along with a nice young fellow named Justin who rents the lower part, and I have the upstairs. Well a week ago if you had asked me, I would have said the landlords really liked me, and Justin, as well as my friends Jennifer, and Alex, and that all was well.

Unfortunately upon my return from work on Sunday (15th), we found a note from Pam (the landlady) saying that they were evicting me, and I had thirty days to leave. She is a bit flaky, so Justin and I usually deal with her husband Darryl. We thought he might be more level headed, but we were wrong. The next morning really early, Darryl told Jennifer that they were evicting me because the electricity bill was larger than last years at this time. I doubt it. But anyway Jennifer woke me up to tell me, and said she would go and ask if there was any lee way on the thirty days so I can find another place (difficult in a resort area).

Darryl kinda got weird when she asked him, and quickly typed up a more formal looking (not handwritten) eviction notice, and literally ran from his house to mine. He ran up the stairs and burst in upon me while I was still half dressed. I was trying to pull up a pair of sweat pants, and was topless when he came in uninvited. I tried to cover myself when he came toward me with an outstretched fist holding the formal notice paper. I tried to keep my back to him, and as I went across the tiny room to grasp a towel to cover myself, and I believe his fist contacted me on the shoulder, and/or back. Finally when I had the towel in front, I took the notice, and the landlord immediately began running back to his house. I tried to run after him while holding the towel in front for cover, but I do have bad knees, I yelled at him that I was going to contact a lawyer. I was more than a little upset. I was in a fit about it for about 15 minutes over it. It is still bothering me, and so I have been overdoing my homegrown knee medicine since it relieves stress, and has no bad side effects other than the munchies (not a recommendation, just explaining what is working for me). I will be having a very long commute soon, I will thankfully have a place to stay though, and that is what counts. I am so glad not to be homeless from this. Sorry about this rant. LP is my only support other than Alex, and Jennifer, so I felt a need to vent.

hugs,

Stephanie

[Charlize]

Oh i'm so sorry you are being evicted and it sounds even worse that it happened as it did. You described what sounds like a virtual assault. I would think that you should be protected by laws but perhaps rather than pursue that you would be better off finding a new place to stay without causing yourself even more stress.

You certainly have a reason for a good rant but hopefully can move on without too much pain. hopefully it will work out for the best.

We'll be here to listen.

Hugs,

Charlize

[StephanieVikingGirl]

Yeah, technically what he did is considered assault and battery since contact was made, even though slight, while aggressively moving into my personal space. I used to be in law enforcement (a very long time ago), but I kinda don't think too well when I first wake up. If I had been fully awake, I would have tried to remain calm, and tell Jennifer to drive down the mountain in order to get phone service, and call the police. Instead, I found myself reacting as a frightened woman. I am still a bit shaken, but I am going to move by the end of this month to Alex's place in Sacramento. I will have his love, and protection. That is the current plan. I will be okay as long as they return my security deposit, and last months rent. They are rich, and so the $1,000 that they owe me should present them no problem. I don't know what I will do if they don't give me the money that I am owed though. That is my big worry right now, I am afraid of them, and so Jennifer is going to act as my go between. I can't really handle more stress.

hugs,

Stephanie

[Guest Kaylee]

Additionally, as a legal renter, I believe he was trespassing if he opened your door with no cause (meaning no emergency... Fire, water damage etc.) I would keep that in mind if they try not to give your deposit back.

These situations suck, and I hope it all works out for you

Hugs,

Kay

[Guest VioletDharma]

You should immediately contact whatever fair-housing organization is available in California. There are some things you need to be clear on when contacting them... you don't necessarily have to tell us here. I work as a property landlord and am not a lawyer, so this is not me practicing law in any way.

First, is this a house where the landlord lives? Because they do have slightly different rights if they live in the house.

Second, are you on a lease agreement or are you on a "spit and handshake" month to month deal? The law is very specific about what he can evict you for and when and what type of notice is provided. Certain information must be in the notice and generally it must be mailed AND posted-- there might be exceptions to this, but rarely. The judge will generally throw it out if the letter does not follow a very exact set of criteria, including the timing of when the letter is sent, how long you have to respond (cure), and when you need to be out. Typically for utilities, he would have to send a demand for payment, which gives you 14 days to pay or be evicted in 30 days. But he would still have to wait until that 14 days is up before a court date could be set. You would not technically be evicted until you had a court appearance and judgement was delivered. That judgment will specify a date "no sooner" than 30 days from the date of the original notice. Every state is different, but this is a fairly common procedure that most states have adopted based on California law. Again, contact fair housing for more info.

Third, if you and your roommate are co-lease signers then the landlord can't just evict one of you-- he would have to evict both of you. If you have separate leases for your spaces, then this would be acceptable provided the other requirements are met.

Fourth, if he came into your apartment unannounced, you defintely should contact a lawyer. Any landlord is required to provide notice before entering unless it is an emergency. If he was invited in by your roommate then that doesn't apply. Still, you have a right to privacy in your room and he can be held liable for damages.

Even if you decide to move out, it is worth contacting someone simply to assert your rights an ensure everything is followed properly. An eviction on your record would really stink and is harder to remove. Plus, you may be able to *ensure* that you get the deposit back without an additional fight.

Just some thoughts... I can never stop working!

Violet

[StephanieVikingGirl]

Hi Violet,

Pretty name by the way. Yeah, they are really in violation of California Landlord/Tenant Law. Until the middle of last year, I was a landlord to some tenants on a property I owned in Martinsburg West Virginia, and even by West Virginia's property owner leaning laws I would not be able to do what Darryl is doing. Clear violations, and yeah, I think Jennifer is notifying the proper people. She is staying with me until I move, so I will just ask her. I live in a separate house from the landlords, they have four separate residences on a large property near the top of Howell Mountain. Justin and I share a separate residence from Darryl and Pam, and we both have separate lease agreements. I suspect that they are going to evict him as soon as his lease is up, and then rent the place for a lot more money. Knowing them, I suspect money is a major motive, and also that it was just too many trans folk all at one place, and time for them. I don't think I was being unreasonable in having two guests stay over on a holiday weekend. Nothing is in the lease about having or not having guests, as long as there was sufficient parking, which there was since we left one vehicle parked elsewhere in Angwin. Mainly though, I just want my money so I can afford to live for awhile, and pay my car expenses. I will give Jennifer whatever she needs to make sure we have some legal recourse should my landlords try to not pay me what is owed to me. Thanks to all for your concern, and support, I kinda really need it.

hugs,

Stephanie

[StephanieVikingGirl]

Hi all,

I have good news! Jennifer has spoken with both Pam, and Darryl. They are going to pay me my money, and I will simply move by the end of the month. No problems, no more drama.

hugs,

Stephanie

[Guest]

I am happy you were able to come to an amicable solution, Stephanie.

Onwards and upwards from here on.

Huggs,

Joann