Hi, Nikki, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,
Who told you that you were supposed to pay your former landlord for this ?
If your former landlord constructively evicted you and you became ill because of of the black mold which he failed to correct in the property you were renting, he should be paying you, not the other way around. You should file a lawsuit against him and claim as damages all your medical bills, lost wages for 7 months and a refund of all the money you incorrectly paid him which he should have been paying you,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
I had an appearance attorney at the eviction hearing. We never went in front of the judge. The attorney didn't argue habitability or any of my damages. She told me that all of my mold reports were inadmissible as the people weren't there to testify. She told me although he had filed for under 10k type of case, that he could ask to file for over 25k and judge could award him all remaining months of lease plus months while we were in court process.
The home was declared uninhabitable by the Dept of Health and many other reports showed the home is uninhabitable due to black toxic mold. She advised me to take the deal to pay him 7,600 by this Friday to keep the matter off my rental history and to have it sealed. The deal was that if I pay by Friday he dismisses it. The matter was sealed that court date.
1. So, there never was a hearing and this was an "Out of Court" settlement ?
2. When did this take place, how long ago ?
3. Did you pay the Attorney that was allegedly representing you ?
When a tenant is constructively evicted, they do not owe anything to the landlord. What was this attorney thinking ?
This happened 6-20-13. The attorney was paid $400. She was an appearance attorney and was terrible obviously. The attorneys met in the hall and this was what she thought was best. The owner hadn't even closed escrow on the house when he rented to me. I had extensive evidence of all of the leaks/floods/black toxic mold etc. Dept of Health and the Dept of Building and Safety had to force him to comply for many violations. What can I do as the date to pay him is this Friday. We left the home and I'm still gravely ill. Even my children are ill. I don't want to pay him but I also don't want it on my record.
I read through your other questions to familiarize myself more with your situation. In your first question, you stated that you paid $2,800 for repairs, but no repairs were done,
Please number your answers to correspond with the questions, Thank you,
1. Who told you to pay $2,800 for repairs, the landlord ?
2. What was the amount of rent per month ?
3. When did you finally move out ?
4. Which months of rent does the $7,600 represent that your lawyer asked you to pay ?
This has gone on since December. I signed lease 10-22-12. Moved in 10-31-12 and noticed toilets didn't work, electricity was malfunctioning etc. I informed landlord's property manager. Landlord gave half off first month's rent stating minor repairs needed to be done. Then in November contacted me and said roof, doors, windows needed to be replaced. I left town with my kids and returned and nothing was done except caulking. Some doors and windows didn't even shut I discovered. The roof needed replaced and raining caused water intrusion. Ceilings and walls collapsed. I documented everything and kept informing property manager. He did walk through with me with his workers and quoted $2,800 to fix everything. I paid then my kids and I stayed in a hotel for 10 days in December. We returned and repairs weren't done. By January owner demanded full payment despite still no heat, etc. He was to fix everything by February then I pay him. By February 1 it still wasn't fixed so I hired attorney. He then filed eviction and had collection company try to collect 20k from me. The rent was 5k. I'd paid him half the rent in January and other half was to be paid upon completion but it was never completed. I had inspections done including home inspection and 4 mold inspections. They showed extensive black toxic mold throughout the home. The home would need at least 200k in work and 8 weeks of remediation. It was not habitable. I became sick and couldn't work. It was only when we left to hotels that I got somewhat better. We completely moved out 6-28-13 but our furniture etc was contaminated so the home was basically empty since March. I couldn't work so we would go back to the home then back to hotels. We are now still in hotels. The 7,600 wasn't stated as which months it was paying for but as he filed under 10k category that was supposedly the "deal" to me according to my attorney. Owner is now trying to rent the home although no repairs or remediation was done and it is still toxic. In addition, owner had gas shut off March 29 so we had no hot water or ability to cook. I filed ex parte to have it turned back on but had emergency and couldn't attend the hearing. He also manually turned off the water so we couldn't flush toilets. I'm hoping you can help and I thank you for your time.
Please give me the information I am requesting below: please number your answers to correspond with the questions.
1. Who told you to pay $2,800 for repairs, the landlord ?
2. Rent was 5k you said. Is this per month ?
3. How were you paying these amounts if you could not work ?
4. Did you get a reading on the level of mold in the property ?
5. If so, what was it ?
6. The attorney must have told you what the $7,600 represented ?
Hi, Nikki, Your former landlord is the classic example of a slumlord and if you do not take the steps I outline below, he will keep doing what he is doing until somebody gets so sick that they die.
Here is how I see the problem and the steps you must take,
1. Write a letter to the former landlord, telling him that your attorney was not well versed in real estate law, she was not representing your interests, and you do not agree with the Agreement that she arrived with the landlord, and you hold him responsible for you and your children becoming ill because his property was not fit for human habitation. Period. Nothing more.
You should not pay the landlord a dime, if you do, then nobody will be able to help you because you are agreeing with him and admitting that you owe him rent when, in fact, he owes you tons of money. Do not worry about anything that you think that he will say that will go on your credit report. If he does say anything you can refute it through the three major credit reporting bureaus and you can also add that in your damages under Number 2, below.
2. The first thing in the morning, you should go to Superior Court and file a Summons and Complaint and have the landlord served, if possible before Friday. You will be suing him for all your lost wages, for becoming ill, for making your children ill, for the $2,800 you paid for repairs which were clearly the responsibility of the landlord, but for which no repairs were done and for which you received no credit towards the rent. You will also include in your damages the cost of staying at hotels, your furniture which became infested and all other damages you sustained because of the condition of the building. You have the mold reports and you should also get any reports prepared by the Department of Health and any other government agency regarding the uninhabitability of the property.
3. Report the attorney to the California Bar. If she is not familiar with an area of the law, she has no business representing anybody. It is very true, you get what you paid for. You paid her $400, but unfortunately, you did not even get $400 worth of representation. I would not be surprised if she was working for the landlord because I cannot imagine any lawyer being that ignorant. Here is the contact information to report her:
Those are the steps, pure and simple. There is nothing more that I can say.
I went to the court and received a civil case cover sheet. Could you tell me what category to file under:
Other PI/PD/WD (Personal Injury/Property Damage) Tort
Contract (Breach of contract/warranty)
Non-PI/PD/WD (Other) Tort
I will be adding a bonus as soon as my direct deposit is in.
Hi, Nikki, I think that is absolutely the best news I have heard in a long time. I am so glad that you did not waste any time and you immediately went to get the forms from the Court. California is the easiest State to get redress because they have forms for almost every case imaginable. Other States are not as progressive as California.
Your situation fits in more than one category and here is why,
A lease is a contract for the use of property belonging to another. The landlord breached the contract by not giving you property which was fit for human habitation, he failed to make repairs, and the way he treated you and everything related to the lease, I could successfully argue that there was some fraud involved also;
Your case is equally relevant to torts. (A tort is a civil wrong committed by one person's actions or failure to act on another person, resulting in personal injuries to the Plaintiff). You and the children suffered personal injuries as a direct result of the landlord's refusal to act in accordance with the duty he had to you. He breached his duty to you and the children, and his intentional acts were the direct cause of the personal injuries you and your children sustained;
I would check off "Personal Injury". Do not forget to include your children in the same action as yours, as Plaintiffs also. Your caption would be as follows:
Nikki ______________ ,
(Child's name), a minor, by Nikki ___________, parent and Natural Guardian
(Child's name), a minor, by Nikki _____________, Parent and Natural Guardian
(Name of landlord),
If anybody else is a co-owner with the landlord, you should name them also,
I sincerely XXXXX XXXXX you follow through with reporting the Attorney who was supposed to be representing you. Our Rules of Professional Conduct, Code of Ethics, and Code of Professional Responsibility prohibit an Attorney to represent an individual in a case where the Attorney is not competent because they are unfamiliar with the law. This was clearly the case with the Attorney. The more I read your Answers, the more convinced I became that she had to have been working with the landlord because I cannot believe that anybody could be so stupid. In fact, that is why she probably did not want to go before the Judge because the Judge would have recognized the landlord's liability immediately and thrown out his Complaint and dismissed his case.
Even common sense would tell her that something is very wrong here, you are not responsible, yet she convinced you that you owed the landlord money to get out of the lease ? Was she on drugs ?
You had used a term that described your situation completely - The landlord "constructively" evicted you. The definition of "Constructive Eviction" is where the landlord has not told a tenant to vacate the property, but has made the conditions so uninhabitable that it would be impossible to occupy the leased premises without jeopardizing one's health or one's life. In a constructive eviction, the tenant's obligation to pay rent to the landlord ceases to exist and the tenant is no longer liable to the landlord.
Now, how in the world could this attorney see these conditions which you clearly described and still think in her mind that you had a legal obligation to continue to pay rent to the landlord ?
Thank you so much for your detailed answer! I will go back to the court tomorrow to file. Lastly, do I need to file anything in reference to the stipulated agreement with the court the attorney negotiated or simply move forward on this unlimited civil case. Also, do I reference that case at all in this or not until later once I retain an attorney?
Thank you again for all of your help. I truly appreciate it.
Yes. My family is mostly in Ohio. Our family is from Kalymnos. My father was born in NY. We have family there as well.
There are a lot of us running around Ohio and New York. I was born in a small town in Cyprus and arrived in New York City with my mother as a whining 3-year old. How did you find yourself in California ? Do you speak Greek ?
I know that you said that you became ill and could not work because of the toxic black mold. I meant to ask you how the illness prevented you from working, i.e. what were your responsibilities ? And, also will the illness that you suffered because of the toxic black mold prevent you from resuming the same job in the future that you had before you became ill so that it would affect your future earnings ?
If so, this should be included in your claim for damages in your lawsuit
My dream was to live in California. I kept commuting for work (modeling/acting) so after I finished college I stopped waiting for my family to move with me and took the plunge alone with my 2 kids. I learned many things about the enormous difference between how people are in California vs Ohio and the case above is just one instance. My family came over on the boat from Kalymnos which is why my father was born in New York. He is 84 :)
I went to Greek school at my church when I was younger and even got to visit Greece for a summer when I was younger but now only know a few words as I don't get any practice.
I was working as an actress and model. I also had a tv show. I became so ill when the mold affected my eyes that I was in eye patches and without eye sight for a month. One eye became so swollen that I had to go to emergency care. They gave me a shot to reduce swelling and eye drops but that eye has never gone back to the same as before the exposure and now has a droop and puffiness of skin beneath that eye. I was sick in bed for months and could not do any of my normal work. My mental capacity has diminished considerably and basic functioning became difficult. My vocabulary has almost vanished as has my memory. Headaches are the norm and my entire body has suffered. The mold is in my digestive system and any food makes me sick. My entire body changed which made any modeling impossible. My kids also became very sick. We did not have insurance and all money I did have was used up as no money was coming in. We left the house and are now in a hotel but I've still been almost unable to function let alone care for my kids. We basically went from living very well to on the verge of homelessness as my security blanket has been depleted. It's a very scary situation to go from secure to virtually destitute.
I was using a legal document preparation service through the case and then an appearance attorney is the woman I referenced who botched the case when we went to court. I'd never met her before but I believed her as she was an attorney, when she told me that none of my evidence was admissible unless the experts who made the reports were there. In hindsight, I wish I knew better but it took everything in me just to go to court. I was never served with the papers. The landlord tried to get judgments which were denied and was devious throughout. He didn't inform me of trial but I discovered it day before by going on court website which is why I had the last minute appearance attorney.
Sorry to ramble. Hope that helps. Too bad you're not in California. I'd love for you to represent me. I do have an extensive network of followers so I will do a testimonial if you like. Thanks for your time and help thus far. I truly appreciate it.
You are a very interesting individual.
Your dream was to live in California and you achieved it. When I was about 8 years old, I wanted to grow up and become a cowboy. When I was about 10, I realized I could not grow up to be a cowboy, so I decided to be s cowgirl. And since I could not become either, living in Manhattan, I decided the next best thing would be to grow up and be a lawyer, How's that for logic. Only a Greek could come up with that kind of logic. That's okay, I have decided that in the next life, I am going to come back as a Greek hot dog vendor in Manhattan so that I can own half of Athens like the NY Greek hot dog vendors do today
I went to a Greek elementary school - Half a day of English, history, math, geography, etc. and half a day of Greek - Greek grammar, Greek geography, Greek spelling, history, Ancient Greek history, Greek mythology, etc. So, I'm pretty fluent in Greek. I always speak to my daughters in Greek and because I love my dogs like they were my children, I always speak to them in Greek also, really.
Your injuries are extensive and they will certainly impact your ability to earn the same income in the future. I did not realize how extensively the black mold impacted your life. I strongly suggest that you get an experienced Attorney with experience in personal injury litigation. You will not have any out of pocket legal fees because these cases are taken on contingency Fees so the Attorney will get paid from any settlement, verdict or judgment he obtains for you. The landlord's homeowner's insurance should step in, but once you get a judgment against the landlord and it is more than his homeowner's coverage, the Attorney can get a Writ of Execution and have the Sheriff seize other properties and assets the landlord owns and sell them to satisfy your judgment. You are not rambling at all. I understand what you went through and what you continue to go through. This landlord sounds like a real winner. I wish I were able to represent you also, but the website prohibits us from taking on any customers as clients, or forming any Attorney-Client relationships. And, we are not permitted to communicate with customers outside of this forum and it would be a violation to do so. But, I cannot prevent customers from finding me thelo na sou thoso to numero. If customers write their email address, the computer software picks up the "at" sign (@) in the email address and X's it out to protect your personal information, so it is not spread all over the internet and even we cannot see it. If you do not know any Attorneys with personal injury and litigation experience, please let me know and I will be glad to direct you to a Bar Association Lawyer Referral Service near you. So, let me know in which County you live and I will give you the necessary information to find an Attorney. What do you mean by a "Testimonial" ?
Thank you for your wonderful reply! I guess interesting is a great way to put it lol
I can fully relate to Greek school and all the aspects of growing up Greek. I did not know about the hot dog vendors in NY so thank you for that wonderful piece of trivia. I went to NY late January for a week which was where I had a temporary recovery from being away from the mold exposure.
I am truly appreciative for your helpful, insightful information. I will be looking for a good PI attorney but I must say that my experience with attorneys in California has been sub par at best. I am in Los Angeles County and I would truly appreciate a good referral as you aren't here or I would choose you!
My gmail is jordanmanagementinc then gmail as per usual.
I am heading to the court now. I must say I do need assistance with the forms as I do not know what to number each under the specific torts or how much information to detail. I do understand an attorney will want it done right and time is of the essence in getting it filed today as today is the day the money was to be paid for slumlord to "dismiss" the case. Also, the record was sealed but I don't know if he would try to unseal once he discovers I'm suing him. Is there anyway I could send the pages I need assistance with under the categories so you could help with what to number ___ to ___
and any help with the specific details so as not to put too much or too little.
Thank you again.
And by testimonial I meant any online site or my own networks which have couple hundred thousand followers.
PS. The filing window closes at 3:30 here and it is now 1:07 PST.
We are not permitted to refer specific attorneys by name, so I am giving you the Los Angeles County Bar Association Lawyer Referral Service's website
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