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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My question is as follows; last year i had a court hearing rega

Customer Question

Hello. My question is as follows; last year i had a court hearing regarding hold over case, since my landlord cought someone who i rented an apartment once and they said that they booked it on the website and that they are renting it , on top of it landlord claimed that my main residence is not at this addres ( it is arent stabilized apartment) and that im operating a business (website) that provides short term rental. That being said we settled i court that i will vacate the apartment in 4 month when my actual lease would expire) judge signed it and it was seals. I was ready to move out at the given day whne i received an offer for lease renewal. I was super surprised after all we went through and the court settlement, but i signed the lease for another year and they sent me a signed copy back. Now , about 8 months into new lease they pulling the same string and accusing me of the same . Question: what would be my defense as it is my prime residency and website doesn' even exist.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
If the issues that the landlord is claiming are the basis for the eviction (operation of a short term rental) all occurred prior to the settlement agreement that you entered into (meaning that during this new lease period you have been using it as your primary residence only), the landlord does not have a claim.The old matter was settled via the settlement agreement.That settlement agreement was then superseded by the new lease extension (a new contract) between you and the landlord.As long as you do not have any new lease violations, the landlord does not have any basis for any new unlawful detainer against you.
Customer: replied 1 year ago.
Hello William ,
Thank you for your reply .
I just want to make sure I understand and also get an advice .I understood that because landlord renew my lease all the claims and settlement in court prior to the renewal is null and they can not bring same ( 1 st) claims to court this 2 nd time . They should have NeW evidence . Is that correct ?Moving forward , they did write me a letter wo h I received late ( cause I travel a lot for study and then work) where they state that they suspect that I don't hold it as prime residence as I havent been seen there for more than 6 month and that they think I have alternative residence ( giving me address where I lived until 2012) and that I operate the website ( website doesn't exist).
They said that I should schedule an appointment at their office for the interview and bring any documents to prove otherwise .
As mentioned I didn't receive a letter on time cause was away. Now when I received it , it is way past deadline they have me and they filed a court paper again , based on those things . ( also referring to the previouse court we had)
What is your advice in this situation as I want to keep my apartment ( it is rent stabilized) but I also not sure how to go about defending myself in court so that judge won't sign eviction order as it would be the worst outcome than just ask for 3 months extension to move outPlease advice what actions you would suggest me to take and what should I say in court and maybe even before we go to judge I ciild settle with a lawyer but I need to have a planThanks again for your help
Customer: replied 1 year ago.
P.s. Guess going around with is ., but can they use same evidence or make claims on same basis and present it inform of a judge or what is my line of defense if they will do that ? Say objection , you signed new lease and thus a nuked these accusations ?
Customer: replied 1 year ago.
And is butdain of proof lays in them to prove what they suspect or on me to prove they are wrong ?
Expert:  CalAttorney2 replied 1 year ago.
Unfortunately, you are asking for specific legal advice and instruction, that is outside the scope of this forum (it is the practice of law and is outside what I can provide on this site).However, I would suggest reaching out to them and seeing if you can reach a settlement out of court - it appears that there is at best a misunderstanding, and if you can clear this up short of a trial, it will save both of you a lot of trouble. You can even suggest mediation (use of a third party neutral to help you resolve the dispute).Whatever you do, make sure that you file an answer to any summons and complaint they serve on you - if you fail to answer, they will get a default judgment against you and you will lose your apartment.
Customer: replied 1 year ago.
Ah , I see ...
I did call and lawyer said there is nothing can be done and we will have an opportunity to talk in the court before the heating ONLY.
Still a question though . I think it is in scope as it is inline of what I initially asked , I just want to understand it clearly .1. Guess going around with is ., but can they use same evidence or make claims on same basis and present it inform of a judge or what is my line of defense if they will do that ? Say objection , you signed new lease and thus a nuked these accusations ?
2. And is butdain of proof lays in them to prove what they suspect or on me to prove they are wrong ?
Customer: replied 1 year ago.
As they had a good proof last year when they sue me , but after settlement , maybe someone made a mistake and renewal was sent automatically . I don't know , but they suing me again based on same fact. I really only need to know if they can do it and use fact from previouse year ....
Thanks
Expert:  CalAttorney2 replied 1 year ago.
They have the burden of proof.However, you will want to bring as much evidence as you can in support of your defense (it isn't in your best interest to hope that they just show up and say "we think he isn't living there" and call it good - if you have evidence to show that you really are living there - bring it.
Customer: replied 1 year ago.
Ok and what would be considerate a good evidence ?Also still want to make clear :As they had a good proof last year when they sue me , but after settlement , maybe someone made a mistake and renewal was sent automatically . I don't know , but they suing me again based on same fact. I really only need to know if they can do it and use fact from previouse year ....
Thanks
Expert:  CalAttorney2 replied 1 year ago.
I don't know what your situation is (I am not your attorney). Do you have neighbors, friends, employers who can testify for you? Do you receive mail there? Do you have utilities in your name there? Do you do business, go to school, or have family there? Do you have things that would establish you in the area (library cards, etc.)?
Customer: replied 1 year ago.
My school diploma mailed there
Bank and bills come their and on my name
That's pretty much it. Sufficient ?Could you please answer this question below tooAs they had a good proof last year when they sue me , but after settlement , maybe someone made a mistake and renewal was sent automatically . I don't know , but they suing me again based on same fact. I really only need to know if they can do it and use fact from previouse year ....
Expert:  CalAttorney2 replied 1 year ago.
I have told you a couple of times, they settled with you for the information from last year. You stopped doing whatever it was that you were doing last year when they had to file that action. Then they sent you a renewal.This means that that information is no longer at issue.You of course will have to argue this in court - but the court should disregard it.
Customer: replied 1 year ago.
Ok thank you William , just wanted to make sure again
Appreciate your advice
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I do wish you the best with this matter.Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.Thank you again, and again I wish you the best.Bill
Customer: replied 1 year ago.
Bill, I've got additional
Question along the line .
I was applying for the apartment few days ago and when landlord was Runing a check it appeared that I had a record on the tenant - landlord court .Is it possible ?? Cause we are settled , there was no judgement . I thought the record only when you actually got audience R for eviction or something
And if record shouldn't be there ( if it's a mistake ) what are the actions ?
Thanks
Expert:  CalAttorney2 replied 1 year ago.
As soon as the landlord filed the unlawful detainer with the court, it created a public record. This is not the same as having an eviction against you, but there is a public record of having a lawsuit filed against you by the landlord.You can tell the new potential landlord that the matter reached a mutually agreeable resolution out of court, and that your lease continued.
Customer: replied 1 year ago.
Is there a way to delete that record ?
I'm asking because in the duration of my life I had 2 courts with different landlord , but only 1 showing .
In both we settled . First one doesn't ahownon the record though , that is why I'm surprised why 2 nd is showing .Apparently landlords doesn't want tenants who has this record , no matter what you say :/
Expert:  CalAttorney2 replied 1 year ago.
No, there isn't a way to delete the record. While it is possible in some very specific circumstances to have a case file redacted or sealed, this is limited to those cases where there is a public purpose (for example protecting victims of sexual assault, etc.). The courts are designed to be public, and while there are inconveniences to having this information available to the public, there is a very real benefit to conducting our judicial proceedings in full view of the public - you cannot be tried in either criminal or civil court in secret.
Customer: replied 1 year ago.
Ok, then how it explains that my 1 st case is not public ? Only 1 is
Expert:  CalAttorney2 replied 1 year ago.
It is probably more a question of how the landlord is doing his records search as opposed to whether or not the record is actually public. As noted above, virtually all court filings are public.

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