Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

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: 5 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 5 months ago
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,514
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 5 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 5 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 5 months ago
while it may be retaliation, the best defense is insufficient notice.
Ask Your Own Landlord-Tenant Question
Lawyer: S. Kincaid, Attorney replied 5 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 5 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 5 months ago
That's not right. What did got agree to?
Ask Your Own Landlord-Tenant Question
Lawyer: S. Kincaid, Attorney replied 5 months ago
you
Ask Your Own Landlord-Tenant Question
Customer reply replied 5 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 5 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 5 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 5 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 5 months ago
She is an actual lawyer though.
Lawyer: S. Kincaid, Attorney replied 5 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 5 months ago
then wouldn't I be able to vacate the judgement ?
Lawyer: S. Kincaid, Attorney replied 5 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 5 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 5 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 5 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 5 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 5 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 5 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 4 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 4 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 4 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 4 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 4 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 4 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 4 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 4 months ago
What do you think ?
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,514
2,514 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

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 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

1,278 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
What can we do with just 48 hours left in our extended lease
what can we do with just 48 hours left in our extended lease to get the landlord to help us with some support living expenses… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,566 satisfied customers
I have a lease in California that expires in a month. I want
I have a lease in California that expires in a month. I want to move out but my roommate won't also sign the 30-day notice form. I tried to give my notice to the management but they said that they can… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
147 satisfied customers
Do you handle landlord-tenant issues? California. What can I
What can I do if I feel I have been retaliated for submitting a Emotional Support Animal letter to property manager, on February 02, 2018 who gave me a renewal lease offer in December, 2017 and again in person on February 01, 2018 at $1615.00 and now has rescinded that offer, basically leaving me with a month to month rental of an apartment which I have leased for 12 months, ending on March 19, 2018? Current Lease - 12 month 1-bedroom apartment - upstairs Beginning on March 19, 2017 $1538.00 per month + $35.00 per month for male dog “Jackson” which was added to the lease in April 2017. All shots, license, neutered paperwork given to property manager. Jackson is now a 13-month-old Mini -Labradoodle. My name is*****… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I own a duplex that i rent out. I have tenants on bith
I own a duplex that i rent out. I have tenants on bith sides. They have lived there 14 months and one side claims there are bed bugs. Exterminator came, found no evidence. Came the second time and ten… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have a tenant (we talked about him a few months ago). He
I have a tenant (we talked about him a few months ago). He moved into the unit several days prior to lease starting, but I had given him the keys to move a few boxes into the unit and did not have a r… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Have a landlord that is demanding that we pay a $75 late fee
Have a landlord that is demanding that we pay a $75 late fee for this month's rent which was sent with a guaranteed delivery date but it arrived a day late. When I objected and discuss not remaining h… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I need information regarding have her move out after being
I need information regarding have her move out after being in the house for only two months because she was late with the rent both months,. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I lie in state housing I am being accuse of doing things in
I lie in state housing I am being accuse of doing things in the building. Spilling coffee in lobby not cleaning it up.Defaceing a sign with names, They claim I throw my trash mail on the floor near tr… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in a townhouse association and the home owners have
I live in a townhouse association and the home owners have concerns about our directors. We need help to address the problems from somebody who has the power to do something. Can you suggest a Cook co… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
147 satisfied customers
Gave notice of our moving in Sept 2017. Apartment was sold
Gave notice of our moving in Sept 2017. Apartment was sold in January, moved jan 31 this year. landlord wants over $3000 for lack of notice, breaking a lease (which I never signed or was asked to sign… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have a daughter that is severely disabled and was
I have a daughter that is severely disabled and was financially abused by a care provider to the tune of $20,000. While the care provider is under investigation she talked my daughter into moving a fr… read more
Phillips Esq.
Phillips Esq.
MBA
18,631 satisfied customers
My husband and I rented a house in Marana. The lease is from
My husband and I rented a house in Marana. The lease is from 11/1/15 through 10/31/18. We didn't expect to leave there; in fact we considered buying the house at the end of the lease, as the landlord … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
I have a guy I have known for 3 weeks He is asking for 2000
I have a guy I have known for 3 weeks He is asking for 2000 for rent He said he will pay me back Is this real… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
We are being harassed by the tenants beneath us. Every time
I need help. We are being harassed by the tenants beneath us. Every time we walk around in our apartment they file a noise complaint. The police have been here 3 times and heard nothing. We have 4 mon… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
I've been in my house since June 2017. I've paid my rent
I've been in my house since June 2017 . I've paid my rent perfectly on time. There is a clause in the lease that the landlord can cancel in 60 days (standard clause , I presume). I also have an addend… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,239 satisfied customers
Can a landlord ask for 3 months rent, if lease was broken, 1
can a landlord ask for 3 months rent, if lease was broken, 1 months notice given, month paid and apt was totally cleaned, rugs shampooed, stove and grates clean, etc. There is no clause in my original… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
I own a hair salon in California after my lease was up i
Hi my name is ***** ***** own a hair salon in California after my lease was up i moved turned in my keys left the place very clean i have pictures … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a landlord and have a tenant the year lease is expired
Hi there I am a landlord and have a tenant the year lease is expired now as of Saturday and I have gave them thirty days notice before now and he said he's going to stay for another month? What's my n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 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