posted
Well....it's been almost three months since I fell through a rotten board on my dry rotten deck and broke my foot....lost three months of work... suffered a considerable amont of pain and a lot of inconvienience.....
Landlord's only response was that he had no injury libility insurace on the rental, and that he was 'sorry'.
The only attempt he made to do anythingwas to give me 15 minute warning that he wanted to come over to start tearing it (the deck) out.
I told him Jim wasn't home to clear off the deck (and I couldn't, nor did I want him here when I was alone)
California law says he HAS to give me at least 24 hr notice. That was the last I heard from him... So...I called the building inspector...who, after finding many violations, notified him to make the neccessary repairs.
Monday, we are served with eviction papers.
Before you tell me he can't do that....he can, and he has......
My lawyer can take my injury case on a contingency (no fee) but not the retalitory eviction....
Altho CA law says certain things may or may not be illegal, it doesn't say what I am to do about it.
Thus CA lawyers make a lot more money....
I return home tonight from Seattle, and will let you know what happens.
I will tell you, that I am seriously concidering moving out of California....I won't say where just yet, but I can tell you my compass is telling me north!
posted
Adrienne....I just wanted to say..sorry I wasn't home when you called last night! My daughter called my cell and told me you had called, but you didn't leave a return number!!!! Hope you had a great time visiting with your daughter.
Posts: 3729 | From: Seattle | Registered: Sep 1999
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posted
Get ready for a big eye-opener A.......... The slumlords in Calif "ARE" the courts......... I was the only person in San Berdino County to win an Unlawful detainer suit, and immediatly recieve a 3-day notice to get the hell out.
It's a long story but I had video tape and a truckload of witnesses against my landlord..... Yup....I won alright... The judge was/is one of the biggest slumloards in the county...........Go figger !!!
...........cj
-------------------- CJ Allan CJs Engraving 982 English Dr. Hazel, KY 42049
Eviction I believe can only be done with "cause" i.e. not paying the rent, trashing the place, illegal activities, etc.
It appears you are being evicted as a retaliatory gesture for whatever action you have taken to date.
Why your lawyer doesn't want to litigate your landlord on the eviction point, I can't imagine.
Believe Glenn is right--- if this person has no liability insurance, then sue against his property--- he has to have assets somewhere.
I get the feeling from your post that you are not too familiar with the contingency fee item. All it means is that if your lawyer doesn't win the case for you, then there is no fee. But, and this can be a big "but", if he does win the case, then he takes a percentage of whatever the settlement amounts to. This percentage I imagine can be highly variable, probably according to the law in your state. Just be sure what you are getting into on this part of your dealings with this lawyer.
FWIW.
-------------------- Bill Preston Fly Creek, N.Y. USA Posts: 943 | From: Fly Creek, N.Y. USA | Registered: Jan 2000
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posted
Adrienne, you might want to ask your lawyer about that three day notice if you have not done so already. This may be bum information, but I think if you do not move out on the three day notice, then he still has to go to court before he can throw you out. He may have just written you a three day notice letter. Sounds official, but may not cut much ice in a California court.
Sorry to hear about your continuing misfortune.
Vic G
-------------------- Victor Georgiou Danville, CA , USA Posts: 1746 | From: Danville, CA , USA | Registered: Dec 1998
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posted
Do you have rent control in Benecia? Single houses are usually not covered Do you have a lease? Can you give 30 days notice to leave? If so, your landlord can too
Victor, she didn't say anything about a 3 day notice; she said she was being evicted,probably served with an unlawful detainer You have 5 days to file an answer or you will lose by default Eviction is a technical affair, if he makes one mistake it will be thrown out & he will have to start over, IE, not serving you properly or filing proof of service, accepting rent after serving you, etc
Turning him in to the building dept. probably didn't go over too well and he probably knows you are going to sue him What did you think he was going to do? If you had a lease (or was covered by rent control) you would win & would have nothing to worry about Good luck
-------------------- Neil Senior NA North Hollywood CA,91606 Posts: 5 | From: Los Angeles, CA | Registered: Jan 2002
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posted
Judge Judy Judge Millian Judge Larry Joe Judge Joe Brown Judge Mathis
It's awful hard to make a tenant leave, unless you have a personal friend in the Marshall's Office. Lenny had gypsies in a rental that never paid the rent and they were there for 3 years. They finally left when they damn well felt like it. Lenny got zip. Couldn't have happened to a nicer guy...
Posts: 1859 | From: / | Registered: Nov 1998
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posted
Another perfect reason why gun control laws should be abolished and abortion should be legal.
I say kill the bastard and his parents for having him.
Where I come from it takes 3 months to evict someone, not sure how it works on the left coast. But there have to be similar laws regarding eviction of a tenant there too I would imagine. I would bet if you checked with a local apartment complex you could probably read a copy of the legal information packet for tenants (we get it with our lease here)
Good Luck A!
-------------------- Harris Kohen K-Man Pinstriping and Graphix Trenton, NJ "Showing the world that even I can strategically place the pigment where its got to go." Posts: 1739 | From: Trenton, NJ, USA | Registered: Jun 2001
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But I would advise you to simply move on. Don't prolong the agony by fighting this turkey. Even if you win, you probably won't.
Life is too short to do otherwise.
Good luck in your move!
-dan
-------------------- Dan Sawatzky Imagination Corporation Yarrow, British Columbia dan@imaginationcorporation.com http://www.imaginationcorporation.com
Being a grampa is one of the the most wonderful things in the world!!! Posts: 8761 | From: Yarrow, B.C. Canada | Registered: Nov 1998
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posted
does he have more then your hoouse as a rental? if not your screwed....then he can do whatever he wants...if he has 2,3,4,5, rentals..then you got him
-------------------- joe pribish-A SIGN MINT 2811 longleaf Dr. pensacola, fl 32526 850-637-1519 BEWARE THE TRUTH.....YOU MAY NOT LIKE WHAT YOU FIND Posts: 11582 | From: pensacola, fl. usa | Registered: Nov 1998
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posted
Don't necessarily have him...alotta states have laws that protect your personal asets in civil suits, they'll attach the monetary judgement but you're prevented from grabbing his personal assets (house/car etc).. thats why OJ moved to Fla after his civil trial,also if he has his assets held by a trust you're not gonna touch em. I don't know california law but in La. all he has to do is say he wishes to make improvements on the property that he can't do with someone living there and you're outta there.
-------------------- Gavin Chachere Plotter in the garage,New Orleans La.
"Sgts Shugart and Gordon again request permission to rope down to crash site two" Posts: 1223 | From: new orleans.la. | Registered: Mar 2000
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posted
You didn't read the page I put the link to above....
This isn't an eviction for non payment, or any other reason, this is retailtory that means, it is his way of punishing us for taking the situation to the proper authorities....
I acted within my legal rights...he is breaking the law.....
geesh, I wish some of you would actually read before you post!
-------------------- Gavin Chachere Plotter in the garage,New Orleans La.
"Sgts Shugart and Gordon again request permission to rope down to crash site two" Posts: 1223 | From: new orleans.la. | Registered: Mar 2000
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posted
all the landlord has to do is say he wants you out to make repairs and thats with in his rights to do that, I know it sucks and its wrong but you have been only hurting your self by staying in a place that you have known was falling apart and the landlord would not fix (and you stayed becuase its cheap and you call it home) and even thou the law sez he must give 24 hrs before showing up to do repairs and then calling he inspector on him just makes things harder on you in the long run. we have talked and talked about this lots of times and this comes as no suprise that this would come to this. please dont take this as a slam or a putdown ...its not.......god closes a door for a reason before opening a new one. have your day in court he dose owe you for your broken foot....and I know it sucks to find a new place to live and move we have all had to do it also before and you can do most anything you want if you set your mind to it! and fighting this only will drag this out and make it harder in the long run and you will look back when his is all over and find that you will have a much better place to live and be happer and wonder why you did not do it sooner! look what happend to me and my shop and also other places were I have lived before.......And home is not just a place its were you make it.
my mom allways said that a person should move about once every 3 years so they can get rid of all he crap that they realy dont need!!!
-------------------- Aaron Haynes Aaron's Signs & Windows Napa Ca aa4signs@sbcglobal.net ------------ Important Rule For Life: "Look out for number one... Don't step in number two" ------------ If your never the lead dog on the sled...the scenery never changes. Posts: 241 | From: Napa Ca. USA | Registered: Dec 1998
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posted
Ad... I dont like to read alot, and dont like landlords or lawyers, but you can come live with me babe
-------------------- Ken McTague, Concept Signs 57 Bridge St. (route 107) Salem MA 01970 1-978-745-5800 conceptsign@yahoo.com http://www.pinheadlounge.com/CaptainKen
---------------------------------
"A wise man once said that, or was it a wise guy?" Posts: 2425 | From: Salem, MA | Registered: Apr 1999
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posted
Adrienne.............. Go down to the book store and pick up.. "Tenants?Renters Rights in California"
I had the damn thing almost memorized at one time.....
It has everything you need to know, and the forms to do it with...........As you know, Cal is a whole different world, so find out what pertains to "You" and "YOUR" situation, and how you can resolve it !!
This book will do it all, and is written in a language even I could understand.........All the advise about all these other places, and by folks not versed in California Real Estate Law is meaningless, and will only confuse your issues, as you've already seen.............!!
It's only about 9.95 or so, and I resolved a lot of my problems with it.....
Hope this helps......
.............cj
PS.........Mike, Gypsies........?? No doubt you're right, as they are "Minorities", and that's a whole different ball game........In Cal, you can't .........well, you can figger it for yerself....
[ June 30, 2002, 10:47 AM: Message edited by: CJ Allan ]
-------------------- CJ Allan CJs Engraving 982 English Dr. Hazel, KY 42049
posted
cj im glad the the book helped you in he past but why waist the time money and energy on a sinking ship just so you can say you were right???? when a person can exccept it move on and make there life better.
important rules for life: watch out for number one dont step in number two!
-------------------- Aaron Haynes Aaron's Signs & Windows Napa Ca aa4signs@sbcglobal.net ------------ Important Rule For Life: "Look out for number one... Don't step in number two" ------------ If your never the lead dog on the sled...the scenery never changes. Posts: 241 | From: Napa Ca. USA | Registered: Dec 1998
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posted
Aaron......... Why..?? The lady asked a question, and I tried to give her the best answer i could.........It's not my place to tell folks what they should or should not do in this life, and I'm not a real estate lawyer, so I simply tried to point a friend in the direction she wanted to go, and, give her a good tool to find out what she wanted to know....!!
Some people don't just roll over and say "Baaaaaaaaa", everytime someone else wants to get pushy............
I guess that's 'why".......
...............cj
-------------------- CJ Allan CJs Engraving 982 English Dr. Hazel, KY 42049
posted
Gosh Aaron....if I was given 10 grand to move like you did from the city, I wouldn't say a word....but I'm a little short on cash right now...
Did anyone notice that this is a retailitory eviction?
Like CJ said, I'm not one to just whimper and crawl off....my rights have been violated morally and legally and I'm going to do what ever I can to make sure he is inconvenienced as much as I am.
Sorry Zee, I get grumpy when people don't think before they open their mouths and spout off 'advice' that's nonsense.
I live here because I have put a lot of work into the yard, I love the gardens I've created, we love our niegbours and enjoy the community.....
I'm not looking forward to the move itself, that's always tremendously stressful (right up there with divorce and death of a loved one) but I AM excited about the possibilities of WHERE I'm hoping to move to!!!
So....thanks for the advice....I'm going out to get that book (Noyo press puts it out I think) I used one of those books to do my divorce and it was a big help.
posted
Cj sorry if I came off pushy or had a just give up attatude but I have a very different pespective on this than most on the bullboard.I have known this person well and live not faraway from her. I have helped fix things for her that her landlord or boy friend would not and helped with things after she broke her foot. she has talked to lots and lots of lawers about it and knows her rights and he rights of the landlord. she is not willing to make he kind of repairs herself and the landlord wont and now dont want to deal with her.She is entitled to her day in court and hopefully she will get something for her foot and poss. something for having to move also but the bottem line is a landlord in this state can make her move.Adrien is one of the most tallented artest Ive ever met and a wonderfull person Im just trying to encurage her to move forward and grow. I agree that there are times to stand up and fight for what is right at this point all she realy has is to fight for her "damages" that she is entitleded to and other things its just best to move on and find peace of mind and happynessand if not we just end up living life in all the muck and myer of all the drama....its kind of like wresling with a pig in mud......after awile you get all beat up and dirty only to find out the pig enjoyed it.
-------------------- Aaron Haynes Aaron's Signs & Windows Napa Ca aa4signs@sbcglobal.net ------------ Important Rule For Life: "Look out for number one... Don't step in number two" ------------ If your never the lead dog on the sled...the scenery never changes. Posts: 241 | From: Napa Ca. USA | Registered: Dec 1998
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That's what I am trying to say Aaron! I'm going for the foot thing, it's just that the retailitory eviction has just added INSULT to the injury,,,LITERALLY!!!!!
posted
Aaron............ Is all that stuff really any of our business, to be put up on a BB like this..?? I think NOT !!
I could care less about why Adrienne wants to do what she wants to do, or whether she's right or wrong. How about we just try to answer her question and not set outselves up to pass judgement............
She's a friend , and I'll help any way I can, Period.........!!
......cj
.......cj
[ June 30, 2002, 02:07 PM: Message edited by: CJ Allan ]
-------------------- CJ Allan CJs Engraving 982 English Dr. Hazel, KY 42049
posted
hey thats ok make me out to be the bad guy. I know were im coming from with this as a true friend...im not going to co someone or sugar coat it but be honest. Ive know all along were this thing would end up with the landlord ,ok now the shoe has droped. I agree IT SUCKS! but things could have been handled very different. Two years ago I said the deck was not safe and she still stayed and used it Ive heard all the wineing about the landlord for years but she has chosen to stay.....hey guess what! life is not fair!and no one ever guranteed it would be easy.. its what we make of it and keep moving forward.and ive honestly tried to help a friend to be strong and be there when needed if you dont like whats on the bullboard dont read it and better yet dont post it and even better use the on-off button on your computer.
frankly Im tried of wresling with the pig on this one and Im going to take some of my own advice....."rules for life...watch out for number one and dont step in number two"
but I will send some cheese to go with your wine
-------------------- Aaron Haynes Aaron's Signs & Windows Napa Ca aa4signs@sbcglobal.net ------------ Important Rule For Life: "Look out for number one... Don't step in number two" ------------ If your never the lead dog on the sled...the scenery never changes. Posts: 241 | From: Napa Ca. USA | Registered: Dec 1998
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-------------------- Aaron Haynes Aaron's Signs & Windows Napa Ca aa4signs@sbcglobal.net ------------ Important Rule For Life: "Look out for number one... Don't step in number two" ------------ If your never the lead dog on the sled...the scenery never changes. Posts: 241 | From: Napa Ca. USA | Registered: Dec 1998
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posted
Sorry to hear about your problems but from what I can see this will turn out for the best. First I would really think about what you are owed for your injury. Then I would figure anything else you think is owed from your landlord making it fair. Then I would take the time to either write your landlord or speak to him stating what exactly it is you want. I would also clearly state that if he settles with you he will save in the long run.(Days in court, legal counsel, lost work, bad name, and remind him he will lose in the end and the judge will not make his day)
One of the main things with complaining is knowing exactly what it is you want. Even if it is just a I am sorry. Remember for him it is just a cost of doing business he could of had liability insurance to cover your injury, that was one of his mistakes.
-------------------- Steve Eisenreich Dezine Signs PO BOX 6052 Stn Forces Cold Lake, Alberta T9M 2C5 Posts: 774 | From: Cold Lake | Registered: Mar 2000
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posted
Adrienne, just send me the guys name and address and me and CJ will come kick his a** in a nice way. Hell, we'll even pick up Si to make it an even three. Thang is, the guy is RETAILIATING against Adrienne for what she has done against him but what she has done is what all of us would have done. She reported his butt and now he is mad. The way I see it Adrienne, no doubt you'll have to move sometime in the near future, but make it hard for him as he is definitely outside the law on this. Locally, people have 90 days to get out under an eviction. Thats pretty harsh to have to get out immediately, considering the circumstances. I understand what you mean about moving too. Its very hard, especially when you like where you are at, and have good neighbors and friends. Dont back off on the guy Adrienne, do what you can to fight the eviction, and squeeze him for money on your injury.
[ July 01, 2002, 08:47 AM: Message edited by: John Deaton III ]
-------------------- Maker of fine signs and other creative stuff. Located at 109 N. Cumberland ave. Harlan, Ky. 40831 606-837-0242 Posts: 4172 | From: Ages-Brookside, Ky. Up the Holler... | Registered: Jul 1999
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posted
What about the poor chickens? Do they have to move, too? And Little Boo? Boy! It's always the innocent who suffer in a war!
Go get the S.O.B., Adrienne - I remember a cartoon a few years ago where an eagle was swooping down on a little mouse and he saw it coming. Nothing to do but give the finger to the eagle, at least let him know you ain't easy.
When I was a kid Davy Crockett was my big hero, the way Walt showed him in the movie. At the end in the Alamo here comes 10,000 Mexican soldiers and he has one bullet. He shoots one guy and starts clubbing the rest of them with his empty rifle. Go down swinging. As Bill Shakespeare said, "Go not gentle into that long night."
My 2 cents.
Posts: 1859 | From: / | Registered: Nov 1998
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posted
Dang Adrienne! Just when ya got professionally organized! Well, maybe that will help the move go smoother.
Have you approached him with a deal like him letting you have free rent for 3 months to make up for what you've lost in time from work?
Is there anyway to settle this with him without arrows? I hope sompn gives in your favor Adrienne!
It's really a shame that he sees fit to punish you for his lack of skills as a landlord. Common sense should tell him, this is a bad time for you to have to move...apparently he doesn't care or he's got folks warning him to drop you like a hot potato because of the possible retaliation you may be capable of. I've seen landlords evict people when they were injured by another party, but this guy has a "steel set", if ya know what I mean.
[ June 30, 2002, 09:06 PM: Message edited by: Linda Silver Eagle ]
posted
Bad break. (pun intended) From the pics I have seen you post on the BB it seems that you have made improvements on his property. Dig up the yard before you leave! Seems unfair to let that son of a gun rent out to the next family for more and profit from the love and labor that you have evidently put into the place. Good luck to you and keep that positive attitude.
-------------------- Kathy Joiner River Road Graphics 41628 River Road Ponchatoula, La.70454
Old enough to know better...Too young to resist. Posts: 1891 | From: Ponchatoula, LA | Registered: Nov 2000
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posted
HAHA Mike!!! I plan on taking lil boo with me...I think my nieghbours will take the chickens (they have some too)
I was just outside watering the front yard...I think I can give some of the roses to them as well...I thought about 'rounding up' the rest but I just can't kill my plants....
I still have a lot in pots, I'll take them to my folks place.
posted
Call your local paper. Recently a Home owners Assoc. tried to evict and take over a 150,000 home a lil old lady because she had not paid her $760.00 dues that year.
The meadia got. the public was outraged , the board was fired and made them to look like stupid idiots.
Nothing like a little bad press for a local idiot AND court system.
-------------------- Mike Duncan Lettercraft Signs Posts: 1328 | From: Centreville, VA | Registered: Oct 2000
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posted
Hey Adrienne, I'm really sorry to hear about your troubles...Move on mate, don't look back and let that instant karma work...SUE THE A** OUT OF THE BASTARD.
Sorry I shouted. Everything works out in the end.
I'm sending good thoughts to you.
-------------------- Lee Attewell Graffic Jam Auto Unit 3, 1731 Albany Highway, Kenwick Western Australia 6108 Posts: 102 | From: PERTH WESTERN AUSTRALIA | Registered: Oct 2001
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posted
sorry to hear of your misfortune A. just move to Commerce, Ga. and you will be in gods country.
-------------------- Jimmy Chatham Chatham Signs 468 stark st Commerce, Ga 30529 Posts: 1766 | From: Commerce, GA, USA | Registered: Nov 1998
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but I just can't kill my plants....
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