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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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What do I do I felt that I was within my rights to file a

Customer Question

what do I do I felt that I was within my rights to file a police report on apartment security for harassing my daughters . I was away from home and they had to wait outside the gate until someone could let them in. Security ask them their purpose for being on the property and they stated that they lived here and was being dropped off by my god daughter. The next day I received a 3 day notice to quit.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Unfortunately, based only on what you posted, I am not sure what I can tell you to do.

You called the police department and filed a report against the landlord's security company for doing their job (asking unaccompanied minors loitering outside the gate what they were doing there).

I'm not sure exactly what the landlord cited as the basis for their 3 day, but they can use a general violation of the lease terms, or a much more specific violation depending on the terms in your lease, to support this notice.

It may be possible to fight this matter on the merits of the specific notice (the 3 day is not supported by the lease clause they cite for example), but this will depend on the specifics of your matter.

You can try mediating this dispute with your landlord, contact your local bar association and ask for referrals to third party neutrals (attorneys, retired judges, or professional landlord/tenant mediators), that may be able to help you reach a "mutually agreeable resolution."

I also recommend contacting your local bar association and asking about legal aid to assist you with eviction defense. It is possible to fight an eviction on your own "pro per" but you stand a much better chance of winning such a claim if you are represented by counsel (especially when your defense is going to turn on very specific legal arguments and nuances regarding whether or not calling law enforcement about staff doing their job is a "material" lease violation).

Customer: replied 1 year ago.
It is difficult to type all of this. They were in a car parked waiting for me or someone to come to the gate. My daughter that dropped them off is 35 years old. I was not at home. The security let them in the gate. After which he asked them their purpose they told him. My daughter told him she was dropping off the younger 2 sister who are 18 and 8 years old. She dropped them off and waited to make sure they was in the apartment safely and was going to leave when he blocked her and began to harass them I have the times that they arrived at the gate because they called me and there are witnesses as to the time they left church. I am not a difficult tenant, Once he followed them and saw that this is where they lived, i felt that should have been it. But he proceeded to block the driveway so my daughter could not get out and harassed her even after she told him why she was there. I understand he has a job to patrol and protect the property but he does not have a right to frighten and harass my 8 y.o. and my 18 y.o. after he discovered they were tenants. There is not gate codes to get into the complex. So if you do not have a gate opener you have to wait outside of the gate. I was never aware that no one could wait outside the gate of the apartment complex until they could get home. My daughter was not going to leave them standing out there alone. I am a quiet tenant, mind my own business but I do not feel it is right that anything can be said and done and they can use sections and codes to justify unfair practices. Thank you anyway!
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

The problem is that you called the police and filed a report rather than contacting management and filing a complaint regarding the conduct, in an attempt to resolve the situation.

I understand you were upset about the situation but what you describe wasn't criminal and you escalated a situation to involve law enforcement.

You can try mediation to deescalate the matter (try to resolve it so that you don't get kicked out of your home), or try negotiating with your landlord directly, but the problem appears to be the method of resolution you chose to resolve it.

I do hope you are able to find a way to work with your landlord to wind this matter back down, and hopefully they will be willing to work with you (you say you haven't had any problems with them in the past).

Customer: replied 1 year ago.
No I have never had problems with management. I reported this to the apartment managers on site that night, who told me that there was problems before with this secuity and she was suppose to meet with the owner and I told her that I would make a police report and she told me I should and to give them a copy. But I will talk to the property management and try to resolve on Monday. Thank you.
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.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, I do not provide telephone calls - my hourly rate is far in excess of the small fee charged for this "Q&A" session, and I do not wish to provide the impression that we have an attorney/client relationship through this forum. If you desire a phone call, you can post a second question and post in the initial question that you are looking for "Additional Services" and another expert will provide you with an offer giving their fee for this additional service and additional instructions.

My apologies for the inconvenience.

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