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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I am having extreme issues with my land lord. My ex

Customer Question

Hello my name is ***** ***** I am having extreme issues with my land lord. My ex boyfriend and I were on a lease together for the past 2 years. For about 6 months now we were asking for a mold, rat and water damage problem to be fixed. He kept putting it off. My now ex moved out around September 10th. At that time I asked the landlord again to have the mold and rat problem fixed. He told me first I needed to reapply for the house and have my ex taken off the lease and a check would be issued with my ex name and mine on it and would have to go together to cash it at the bank. I told him that I would at least be there for another month and it was his responsibility to fix it. He said he would schedule for it to be fixed in the next 2 weeks. He never came to fix it. Then a month later i decided to give the place to my ex as long as he found a roommate to afford the rent and paid me the money he owed me. The end of October came along and my ex said he didn't have a roommate so I texted my landlord to be taken off the lease. He refused. He said I could just leave but he wasn't giving my deposit back because my ex claimed he had already given it to me. My ex gave me some money from the deposit and some he already owed me. Not the whole thing. My ex left for a couple of days after living with me for 2 weeks. At this point I never left. I threatened to sue my landlord if he didn't fix the problem or refund me for rent since I have been living in a toxic environment. On November 7th in retaliation I got a 60 day notice for end of tenancy only addressed to myself not my ex who is also on the lease. 2 days later I got served with a domestic restraining order from my ex stating that I had to move out temporarily until the hearing. He got that by lieing to the judge saying I never paid October rent. I then went and filed my own showing the judge the receipts I had proving I was the only one who paid Octobers rent and utilities. So I showed up with the police with my new restraining order trumping his previous one and the police told my ex he had to grab whatever he needed till the hearing and leave. My ex put my landlord on the phone with the police. My landlord said that I had been taken off the lease, that I had cancelled my rent check, and that my ex was to live there not me. I showed the officer my 60 day notice and the receipt for my money order I used to pay October rent with. You cant cancel money order. that was on the 16th of November. On November 20th I got a 3 day notice to pay or quit but it was dated for the 18th, I talked to the landlord and he said I was responsible for it because my ex vacated. But he didn't officially move out and his names on the lease and he was just there on the 16th which is 10 days after the rent was do. I also took a mold sample from the bathroom and am sending it into a lab. I contacted the local building inspector for the water damage too. What are my rights? is my ex Kiran liable as well. Is my landlord retaliating? please help me. I know he is being crooked I just don't know how legally exactly.
Submitted: 15 days ago.
Category: Landlord-Tenant
Customer: replied 15 days ago.
My landlord and my ex are in this together and trying to get over on my. my landlord is a slum lord
Expert:  MDLawyer replied 15 days ago.

Hello and thank you for using the Just Answer website. I'm sorry to hear about your situation and I hope that I can provide you with some useful information.

It sounds like there are a couple of issues going on here.

First, when did the mold and rat damage begin and how did you communicate the issue to the landlord?

When does/did your lease end?

What was the basis of your ex's restraining order against you? You say that it has to do with rent but courts don't give restraining orders for rent issues.

In what city and state are you located?

Customer: replied 15 days ago.
Im located in Richmond CA 94801THe mold had been a problem since we moved in but just a little bit so we got a dehumidifier for the bathroom. That didn't help. We first said something to the landlord about 6 months ago over text about the mold. But that was on my ex phone. so I don't have access. I first said something to my landlord on my own on October 9th over texts and over the phone on October 7th about the rats as well.Our lease was a month to month after a month.My ex said I was abusive but he made up a whole bunch of stuff. This has been all about the house for him. I have proof of that for the judge. Thats why I was able to get control of the house and my own restraining order filed because he has been abusive.
Expert:  MDLawyer replied 15 days ago.

So just to be clear, you want to know what your rights are as a tenant with respect to the landlord?

You say that you received a 60 day notice for end of tenancy on November 7th. Was there a reason given at all?

You say that you received a 3 day Notice to pay or quit on November 20th. Is your November rent now paid?

Customer: replied 15 days ago.
the 60 day only said that it had been over a year and my tenancy was ending that is it.My ex paid the rent during the week I couldn't be there.Yes just pertaining to my landlord mostly.Why am I the only one responsible if we are both on the lease?
Expert:  MDLawyer replied 15 days ago.

Is your rent weekly or monthly?

Customer: replied 15 days ago.
monthly
Customer: replied 15 days ago.
1795 on the first but with a grace period of the 5th
Customer: replied 15 days ago.
also since my landlord said that my ex vacated what happens to all the stuff he left behind?
Customer: replied 15 days ago.
I got a text message saying I got a response from you at 1:36 but I don't see anything
Expert:  MDLawyer replied 14 days ago.

Sorry, I don't think email notifications are working for me either because I usually get a response when a customer has replied and I didn't yesterday.

Expert:  MDLawyer replied 14 days ago.

With respect to the rent, both you and your ex boyfriend are responsible for the rent and so if he didn't pay or moved out, you are still responsible for the entire rent and vice versa. With regards ***** ***** landlord, he is responsible for making any repairs and if the situation is bad enough where the place has become uninhabitable, you would be able to use that as a means to break the lease but there is a process you would need to go through.

Expert:  MDLawyer replied 14 days ago.

If you didn't pay your November rent, the landlord has the right to proceed with an eviction.

Expert:  MDLawyer replied 14 days ago.

With respect to the belongings, the landlord has to give the tenant time to collect their belongings. Usually, the landlord would be required to notify you in writing to the last known address. After a certain amount of time, they can dispose of the belongings. If they put them in storage, the person whose belongings they are would pay storage fees.

Expert:  MDLawyer replied 14 days ago.

Sometimes a lease might say different.

Customer: replied 14 days ago.
But we have a lease and he is refusing to give me the deposit and is giving the entire thing to my ex even though he has moved out. He is going to move back in my ex as soon as I move out. This is all retaliation. I believe that rent has been paid by my ex for november just like rent was paid by me for October.
Expert:  Maverick replied 14 days ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 14 days ago.

What outcome would you like to see happen here?

Customer: replied 14 days ago.
I want my deposit back. I want to sue him for the mold. I want my ex to be held responsible just as much as I have. I want to buy enough time for the local building inspector to open up a case for the rats and mold damage. I want my landlord to get dinged for is shady retaliation. I want the house to be flagged uninhabitable so he can't pull this over on the next people who move in. In an ideal world I want my ex out. I want my landlord to be held accountable for everything. I would like rent reimbursed whats appropriate for his lack of duty as a landlord. Now I understand I can't get whatever I want but him and my ex have been walking all over me, breaking the law and screwing me.
Customer: replied 14 days ago.
thank you Maverick
Expert:  Maverick replied 14 days ago.

My ex put my landlord on the phone with the police. My landlord said that I had been taken off the lease, that I had cancelled my rent check, and that my ex was to live there not me.

Based on this above statement, you may want to consider using this as a way to argue that the LL breached the lease agreement by prematurely terminating your lease even though you have paid the rent. It is called "an admission by a party opponent" in the context of evidentiary law.

Since you are in CA the best way to handle this is to contact a LL-Tenant lawyer. This is because CA law provides for the recovery of attorney's fees from the LL if your lawyer wins the case for you. See this posting.

We are not permitted to represent JA's customers or to refer any particular lawyer to them; however, here is a link that will help you find the right lawyer in your area.

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