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Joseph
Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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Previous landlords lied about why they kept our security deposits,

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Previous landlords lied about why they kept our security deposits, gave bad references, also my current landlord gave bad reference as well; all I did was complained to the employees supervisors of their misconduct toward me, and they lied and said I was verbally abusive or threaten them with bodily harm. (stereotype accusation). their managers would not investigate, took the employees that I complained about words as true and warned me of an eviction if I repeat the offense that I never committed. I have proof, offered the proof, and they expressed no interest at all to resolve, nor bring disciplinary actions against their employee who lied on me. I am tired of being falsely accused of violence. We paid $100 non-refundable application fee for a rental, which was denied because of bad reference of these landlords who retaliating. I filed a complaint with Fair Housing 2011, I didn't pursue further, and they retaliated. Now current complaints with Fair Housing and the place who refused my application, will not hear what I have to say, but said they are not comfortable with renting to me at all. All because I tried to explain to them that I was a victim. What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me if you believe that you are being discriminated against on the basis of a protected characteristic (such as race, gender, national origin, or ethnicity?) Also, do you know what they are saying about the reasons for your security deposit being taken?

Could you prove that they are false?
Customer: replied 1 year ago.

Yes, yes, and yes at a preponderant standard.

Expert:  Joseph replied 1 year ago.
Hello Gloria,

You can sue your previous and current landlord for defamation since their false and damaging statements about you to your potential future landlord or property company are causing you to be unable to be accepted as a tenant.

While defamation causes of action are hard to prove, since you have evidence of what they are saying about you and will be able to prove by a preponderance of the evidence that they are saying these things and that they are false, you would have a good case for defamation.

I would also go through with a complaint with the Department of Fair Housing for discrimination on the basis of a protected characteristic as well as retaliation for you making a previous complaint.

You can find an attorney to represent you for defamation at one of these sites:

www.lawyers.com

www.avvo.com

www.martindale.com


I would highly suggest that you hire an attorney on a contingency basis, so you only have to compensate the attorney if you receive a settlement or verdict in your favor.




I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX about my security deposit from the previous landlord; move out date, 10/31/2011, is it to late to file a small claim for that?

Expert:  Joseph replied 1 year ago.
Hello Gloria,

It is not too late for you to file a small claims cause of action for your wrongfully withheld security deposit.

You have two years from the 22nd day after your move out date, until your cause of action begins to run. So, that would be November 22nd.

If you had a written lease, you have four years to file suit, so your case wouldn't run until November 22, 2015. If you only had a month-to-month lease that was not in writing, then you would have until November 2nd of this year, since there is only a two year statute of limitations on oral contracts in California.

Here is some additional information on the small claims court process in California.

http://www.courts.ca.gov/selfhelp-smallclaims.htm
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX

Expert:  Joseph replied 1 year ago.
Thank you Gloria.

Happy to help and best of luck!
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5272
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Joseph
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