Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

If my Landlord's wrongful unlawful detainer (no notice

Customer Question
If my Landlord's wrongful unlawful...
If my Landlord's wrongful unlawful detainer (no notice given) was served to me because she learned I had planned to file for a civil harassment restraining order against her (not filed yet), is that considered retaliation and what do you suggest I do in regards ***** ***** defending myself.
Submitted: 10 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 8 minutes by:
9/6/2017
Lawyer: S. Kincaid, Attorney replied 10 months ago
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,567
Experience: Experience working with evictions, subsidized housing issues and mobile home issues.
Verified

I need a little more information. On what basis did she file for unlawful detainer? Is she claiming you are behind on rent? Is she claiming to have given you a notice? If so, what kind of notice?

Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
She is claiming "tenant-at-sufferance, no notice needed." Rent has been $0 for 3 1/2 years, including utilities and landlord lives in another county.
Customer reply replied 10 months ago
She did give me a heavily faulted 3-day notice to pay or quit for $1000 for a month but never did anything about and 2 months Go by plus she is claiming "no notice needed" and did not attach the notice to the complaint. She is also claiming she never gave permission or knew that I was living here with the "original tenant," who is also her son. The landlord did give "permission" and was fully aware of me living here since 2013.
Lawyer: S. Kincaid, Attorney replied 10 months ago
while it may be retaliation, the best defense is insufficient notice.
Ask Your Own Landlord-Tenant Question
Lawyer: S. Kincaid, Attorney replied 10 months ago
All tenants are entitled to notice before a UD is filed, including tenants at sufferance. I would focus on that defense as retaliation is extremely difficult to defend with.
Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
Okay well problem is I already signed an "stipulated agreement" at the pre-trial settlement conference because the mediator told me that if I went to trial I could "most likely lose, get the eviction on my record, because I don't have have any tenant rights because I 'technically' never paid any rent and that Livermore doesn't have any housing laws so there is no just cause eviction protection." I told her I was pretty sure I had rights under CA law and she said "trust me, I'm a housing lawyer, I do this for a living." Is that true? It doesn't feel right for me.
Lawyer: S. Kincaid, Attorney replied 10 months ago
That's not right. What did got agree to?
Ask Your Own Landlord-Tenant Question
Lawyer: S. Kincaid, Attorney replied 10 months ago
you
Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
That I would move out in 60 days (Oct 16th) and if I didn't that default judgement will be ordered against me with 48 hours to remedy (move out).
Lawyer: S. Kincaid, Attorney replied 10 months ago

I do not see how you can vacate the agreed judgment. Was it his lawyer who told you you had no chance? Or some other lawyer?

Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
It was the mediator who told me (at the pre-trial settlement conference). She went back and forth from me to my landlord and her lawyer with a little piece of paper with fill in the blanks. I never actually saw my landlord or her lawyer when this happened.
Customer reply replied 10 months ago
The person acting as a mediator was someone in the hallway who was offering to help people who didn't have a lawyer with them.
Customer reply replied 10 months ago
She is an actual lawyer though.
Lawyer: S. Kincaid, Attorney replied 10 months ago
Mediators often try to convince people they don't have a case to convince them to settle. Mediators also aren't allowed to help one side over the other.
Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
then wouldn't I be able to vacate the judgement ?
Lawyer: S. Kincaid, Attorney replied 10 months ago
It is extremely difficult with an agreed order, and i don't see any basis to do so in this case.
Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
Also (slightly off topic) my landlord in this agreement said "rent is considered paid in full" until move out date (even though rent is/was $0), however, she did shut off the electric and gas with out letting me know and I had to have pg&e come out and turn services back on after lying to them about "smelling gas" in my kitchen. The woman on the phone said my power was turned off because the "previous tenant" (my landlord, they thought lived at the house) terminated their account back in July 11th and that "someone" called earlier that day reported "an unsafe breaker panel" and when the servjce guy came to check it out he saw that no one was paying for service and turned it off, on a Friday , around 6 pm! So long story short, I am now responsible for services backdating to July 11th. Shouldn't she be responsible to pay still since she's been paying this whole time and never told me she was going to stop paying?
Customer reply replied 10 months ago
In the agreement it says she has the give me 48 hours written notice before entering the building for repairs or services and that all furnishings shall remain in the building. She sent movers to the house to get some things with zero written notice and I did not allow them inside though as "nothing can leave the building." I have a copy of the work order. Does this violate anything ? It non stop annoying me from this lady I can never relax let alone focus on finding a new home.
Lawyer: S. Kincaid, Attorney replied 10 months ago
Well, PG&E can go after you since you entered into a contract with them. But the landlord was not allowed to turn off your power and that would be a legal basis to sue them in small claims court.
Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
I’m confused. If the mediator lied to me to get me to settle ( helped one side over another), why wouldn’t I be able to vacate the stipulation order?
Lawyer: S. Kincaid, Attorney replied 10 months ago

Because mediators are allowed to lie. The mediator is not your attorney so the mediator has no duty of honesty to you.

Ask Your Own Landlord-Tenant Question
Lawyer: S. Kincaid, Attorney replied 10 months ago

You could try it but I would bet a large sum of money that it won't work.

Ask Your Own Landlord-Tenant Question
Customer reply replied 9 months ago
what’s the point of having a mediator? Or the courts REQUIRING/allowing/providing dishonest legal “guidance?”I’m trying to wrap my head around this.
Lawyer: S. Kincaid, Attorney replied 9 months ago

From the court's perspective, it is always better for parties to settle a case. It creates less court traffic, less court expense, and saves the judges from the risk of appeal. Their goal is not to make everyone happy or for the situation to be fair for everyone. I understand that this is ridiculous, I agree, but as long as I've practiced, it has always been this way.

Ask Your Own Landlord-Tenant Question
Customer reply replied 9 months ago
Seems bogus to me. Too bad I’m not in charge lol hmmm how do I file a stay of execution? I still cannot find a place to live and I have to be out on Oct 16th. I’m having a hard time putting the money together since I got hit with a $1300 plus pg&e bill backdated to July 11th , which is when the Landlord shut off the power and gas with out notifying me.
Lawyer: S. Kincaid, Attorney replied 9 months ago

There is a procedure for asking for a stay of execution, but it won't be granted unless you have a legal basis for the stay. The legal basis would be that you are challenging the validity of the unlawful detainer judgment and would like the stay pending that adjudication. And to prevail, you will have to show a reasonable likelihood of prevailing on your challenge to the judgment. Do you think you have a legal challenge? If so, what?

Ask Your Own Landlord-Tenant Question
Customer reply replied 9 months ago
Well I never got a 30/60 day notice to end the term. She shut off the power and electric with out notice as an attempt to get me to move out faster. She has sent her daughter here at night to “spook” or intimidate me (in the driveway) and cops were called and handled the situation. She is also sending me annoying and harassing text messages about “get out already” or “I’ll be there with the realtor/electrician at this time on this day” with out WRITTEN notice and sends movers to the house with out proper notice etc forcing me to constantly be stressed out and anxious.
Customer reply replied 9 months ago
Also because of the pg and e being shut off they require a $918 + deposit plus monthly charges dating back to July 11th totally around $1600 ish so far which financially has made getting enough money saved up to move out in time extremely difficult.
Customer reply replied 9 months ago
but she then never shows up with the realtor or electrician , it’s like she just does it to mess with with me ?
Customer reply replied 9 months ago
What do you think ?
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,567
2,567 Satisfied Customers
Experience: Experience working with evictions, subsidized housing issues and mobile home issues.

S. Kincaid is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
In an unlawful detainer can u name people who aren't nor
In an unlawful detainer can u name people who aren't nor have never been tenants? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,580 satisfied customers
Landlord has been harassing me. Had to get a restraining
Landlord has been harassing me. Had to get a restraining order. He also has his property manager harass on a daily basis. Called the police several times. Now the landlord wants me out. i have a month… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
Together with my friend,, I was a tenant in the unfinished
Together with my friend, Jim, I was a tenant in the unfinished unit in the landlord's basement at my former residence in Albany, CA from June of 2014 to August of 2014.When I moved out, Jim remained a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
My former landlord filed an unlawful detainer suit against
My former landlord filed an unlawful detainer suit against me and then filed a restraining order (which was upheld), before a hearing has even been scheduled. Does this render all parts of the unlawfu… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I received a notice of Unlawful Detainer last month. I
I received a notice of Unlawful Detainer last month. I cannot find the case using the Case Number ***** the correct courthouse. How do find out if there is a court hearing or if the eviction has gone … read more
socallegalwork
socallegalwork
104 satisfied customers
My landlord unlawfully harassed me, I got a restraining
My landlord unlawfully harassed me, I got a restraining order against him until I moved out of the house. I also filed small claims order for personal damages, since I moved in June 30he did not quit … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I am a tenant of an apartment complex in Huntington Beach,
I am a tenant of an apartment complex in Huntington Beach, CA. My small family has had a rough last few months due to work being slow. That being said, we were then served an Unlawful Detainer Evictio… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
According to the following 3 web pages, I believe we are
According to the following 3 web pages, I believe we are allowed to have our lodger arrested for trespassing if she's not out of the house by tomorrow. http://www.dca.ca.gov/publications/landlordbook/… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Girlfriend moved in 06/28/14. She not paying her portion of
Girlfriend moved in 06/28/14. She not paying her portion of the rent, elec or cable. I need to evict her. Each time I mention I need her portion of the rent, she becomes violent/hostile. she has paid … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
HI have a retaliation issue I am also dealing with my
HI have a question about landlord retaliation. I just have been telling my landlord in emails that I disagree with her converting the family room to a bedroom where she can house more tenants. We have… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am the agent for my mom, who is the landlord of a room she
I am the agent for my mom, who is the landlord of a room she rented out to a lady who has not paid rent since July 2014. We lowered the rent from 725 to 600 and she still has not paid with the excepti… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
What legal course do i have if a both renter in my salon has
What legal course do i have if a both renter in my salon has not paid their rent in two weeks and has been not at work for two weeks. Says she had a car accident a week ago but post on face book of a … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
In California, is a verbal notice of intent to vacate made
In California, is a verbal notice of intent to vacate made by a tenant to the landlord with a given specific date, also made in front of witnesses binding? Can utilities, etc. be turned off after that… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
I have given a letter and supporting documents to my landlord
I have given a letter and supporting documents to my landlord with the Feb 1 check, informing him that if the issues I had complained to him for almost a year were not resolved about neighbor's noise,… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
My landlord has told me i have to move in thirty days. I
my landlord has told me i have to move in thirty days. I paid my rent month to month on time. She lives in arizona, I live in California. She told me that she has to sell the property due to an divorc… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
What is california case law which establishes filing an eviction
What is california case law which establishes filing an eviction is a retaliatory act under civil code 1942.5 when done in bad faith? I filed a complaint against my landlord for retaliatory eviction u… read more
socrateaser
socrateaser
1,452 satisfied customers
I have a daughter has been served with unlawful detainer for
I have a daughter has been served with unlawful detainer for non-payment of rent. She went to pay her full rent on time and was told they would not take the rent(witness with her). She was served a th… read more
socrateaser
socrateaser
1,452 satisfied customers
My adult daughter received an unlawful detainer - eviction
My adult daughter received an unlawful detainer - eviction on Aug 24. Is there any way to contest this? There are a couple of issues that make this wrong including the fact that a partial rent payment… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
9 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x