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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Landlord(80 year old retired navy) sees my female

Customer Question

Landlord(80 year old retired navy) sees my female roommate(35) who he adores wipe up a few onions I left on the counter. It's 2 am and the landlord just woke up in the living room where he stays when he's in town to save money instead   hotels(he's wealthy and lives in nevada).
He thinks hes her hero when he starts pounding on my door and screaming like a madman. I hear the most violent knocking/pounding and screaming. I was sure someone followed me threw the backyard  and into the house, I thought I was about to face some thug when. NEVER did I think it was the 5'5 80 year old man was responsible.
He yells at me and says he will evict me if I leave another mess, I say okay I got. II'm still shaken up and that was it.
I texted the property manager who is friends with the landlord and lives next door. I text that I'm sending it as a time reference for the complaint I will give him tomorrow. Following morning landlord tells me I must leave. What can I do to stay there? He retaliating for the complaint
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this situation.

The landlord cannot "summarily" evict you - he must actually go through the lease termination process (give you 30 days notice if you lived there less than 12 months, and 60 days notice if you have lived there longer). Based only on what you posted, there is no basis for a shorter notice period (you are paid up on rent and there are no "material" lease violations).

You can find more information and resources in the California Attorney General's Landlord/Tenant handbook here: http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

And if your landlord goes so far as to actually try to evict you, the California Courts have an excellent self help site to assist you: http://www.courts.ca.gov/selfhelp-eviction.htm

Customer: replied 1 year ago.
I wasn't asking about the notice for eviction. The landlord is starting the eviction if all my stuff and myself isn't off the property by the 1st. I'm getting g kicked out over a noise and the aggressive behavior the night my landlord came banging on my bedroom door (not the front door) at 2 am. I'm a injured worker on state disability and I'm not in a position to move financially. I want to fight the eviction and turn him in for retaliation, what steps do I take?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, he must follow the eviction process identified above. (and summarized below). To 'fight this' you must appear in court and defend the action - the link I provided above for the California Courts will give you an excellent summary (together with all of the forms you need) to defend the action.

You can also contact the San Diego Bar Association and see if they have a tenant assistance legal aid resource - most counties in California do.

Terminating a tenancy-

1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

Customer: replied 1 year ago.
My question wasn't about the notice or what the landlord has to do to evict me. He's kicking me out without a justified reason. He's mad cause I complained about him and he's retaliating against me by evicting me knowing I'm on state disability and I can't afford it. What do I have to do and what steps do I take to report him for retaliating against with a eviction??
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

The way you deal with this is if you don't move out, and the landlord actually tries to file an unlawful detainer action, you can assert the above defenses and, if successful, the court will deny their judgment. This will effectively give you an additional 6 months where the landlord cannot file a second unlawful detainer against you, or terminate your lease without cause.

There is no body to report it to, you need to deal with this in civil court, and it is dealt with defensively (retaliatory eviction is a defense to an unlawful detainer).

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