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I lease from a church for my preschool business. in the last…

Customer Question
I lease from a...

I lease from a church for my preschool business. in the last 5 years the pastor has raised my rent 4 times. he wants me out so he can take my modular classrooms and start his own preschool. i missed a few payment in jan/feb but hace been current he did an audit and told me if i dont pay 6600 by nov, im being evicted. he harrasses me constantly. they dont have the congregation to pay there bills. he took out a 100,000 dollar loan to do improvements? the parking lot is a danger zone pot holes we have had people fall. i think he is prejustice against my black director no one on the board talks to her

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Calif

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Its all verball month to month

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His constant harrasment has caused me health issues blood pressure, stomach problems.

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
9/9/2017
Lawyer: socrateaser, Attorney replied 8 months ago
socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,889
Experience: Retired
Verified

NOTICE: If you are presented with an offer for a phone consultation, which may appear to have been sent by me, please know that this is an automated website offer, and that I do not participate in this Justanswer program. If you would like to correspond with me directly, whether by phone, email or otherwise, then do not accept the phone call offer, because your request will be accepted by a random contributor, who may or may not be licensed to practice law in California – and, I will be unable to provide further assistance. Instead, simply type to me that you would like my direct contact info, and I will send you a specific offer for that purpose.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

If you believe that the landlord is harassing you based upon a racially discriminatory motive, then that is actionable under the California Unruh Civil Rights Act.

The easiest means of getting some assistance, based upon your stated facts, is to file a complaint with the California Department of Fair Employment and Housing (DFEH).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 8 months ago
Not much of an answer. Is civil rights all I have legally
Lawyer: socrateaser, Attorney replied 8 months ago

I regret your dissatisfaction -- however, my answer does provide you with a recourse which will cost you nothing to exercise (that's what most Justanswer customers are seeking, in my experience).

That said, you could file a complaint for a civil harassment restraining order. The problem with this type of recourse is: (1) it requires "clear and convincing proof," which is a very difficult standard to meet; and (2) courts are extremely reluctant to provide this type of recourse in a landlord-tenant scenario, because in effect, it limits the landlord's access to their property. The landlord can't "move" away.

Your only other recourse is to terminate the lease on 30-day notice and relocate your business elsewhere.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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Lawyer: socrateaser, Attorney replied 8 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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socrateaser
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Category: Landlord-Tenant
Satisfied Customers: 39,889
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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).

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