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Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 33762
Experience:  Began practicing law in 1992
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I lease an apartment in WLA, I have come under extreme harassment,

Customer Question

I lease an apartment in WLA, I have come under extreme harassment, invasion of privacy and now they are trying an illegal eviction, from my property mgt. co. They sent me a 3 day notice in April claiming "unarthorized" people in my apartment, then on the 2nd of this month they refused my rent check.
I called them , Rayford Property Mgt.(Encino) -Raphael, and they are making up stories and lies that my housesitter is unaurthorized . **In addition to this they are trying to fabricate that one of my guests over for TV is living there !!!!
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Is there a specific question with which I could assist?
Customer: replied 2 years ago.
How do I go about suing them and where do I stand ?
Thank you,
Expert:  Dwayne B. replied 2 years ago.
What do you mean by "where do I stand"?
Customer: replied 2 years ago.
I should have an over whelming case against them, making up lies and stories in an attempt to evict me ?
Expert:  Dwayne B. replied 2 years ago.
I cant address that since determining how strong your case would be requires an extensive evaluation of all of the facts and circumstances as presented by both sides and can really only be done after a personal interview and a review of all the materials obtained in discovery and depositions. It certainly sounds as if you have a good case based on the allegations you made but being able to prove the allegations is the key.As to how to sue them I will describe that process below:
Expert:  Dwayne B. replied 2 years ago.
A lawsuit generally follows this process:1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intent to sue for to determine what court is correct. In your case the small claims court is correct.2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.3) The sheriff will serve the defendant with the lawsuit.4) The defendant will file their answer.5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.6) After that the next step is to set the case for trial.7) During the trial you introduce your evidence and they introduce their's.8) The judge renders a judgment and a written order is entered.That is the basic process of a lawsuit.If you are going to represent yourself you may want to pick up a good book on doing so. I always recommend the one at this site since it is both inexpensive and very good.