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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17887
Experience:  B.A.; M.B.A.; J.D.
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Nine + yrs handicapped renter, never been late, 340 Sq ft

Customer Question

Nine + yrs handicapped renter , never been late, 340 Sq ft studio apt attached to house on Pomerado rd in Poway Ca. I have always been an ideal tenant. No drama, friction, wonderful camaraderie. SS [only] income of $909/mo rent $726.50 rent pd on the 2nd of month when I get my disability check. Paid every month in advance even now.
Now they have given my notice to go away or they will change my locks and donate my property to their cult religious charity run by Barry Minkow convicted criminal, as is my landlord, a convicted pedophile.
My utilities are $50 + $726.50 rent = $776.50 minus $909 = $132.50 food money for an entire month.
1) I need help to get my landlord to follow proper eviction procedures.
2) A provision to cease vandalizing my property. The hole in my radiator could only have been caused by a screw driver being shoved through the front causing the hole in it and a $600 repair bill [which I have no way of paying]
3) I need a restraining order against this convicted Pedophile. He keeps trying to scare me by getting right up in my face as if he is going to hit me and threatens to put me in the hospital so he can change the locks and steal my property away.
4) Someone needs to look into why he keeps hanging out down on the side walk where the little children walk by after school. He has part of his garden project going on next to the street sidewalk. It is the most developed part of all the garden areas. Now why would that be?
Call me... David Ryan [DBA] (###) ###-####
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 11 months ago.

No matter the cause of your eviction, there is no self-remedy to eviction actions in California. So, the Landlord cannot change your locks and force you out without a Court Order if you refuse to leave. The Landlord MUST use the Court system to accomplish the eviction. Otherwise, the eviction is unlawful and you can file for damages.

You can also file complaint against the Landlord with your Attorney General's Office:

https://oag.ca.gov/contact/consumer-complaint-against-business-or-company

As for the Landlord's vandalizing your property and other threats, you need to go to your local Courthouse and apply for a Civil Harassment Order. Click on the link below for more information:

http://www.courts.ca.gov/1044.htm

Finally, you need to report the Landlord immediately to the Police for his suspicious behavior around where the children walk.