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I was served a unlawfull detainer 9.13.2017 for past due…

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I was served a...

I was served a unlawfull detainer 9.13.2017 for past due rent the amount of .1,950.00. i have reciepts that equall and greater then what he is asking for regardeing repairs on this house. which he refuses to reimburse. also feb of this year we went to court because of a eviction whoich i was told to leave the property. however 1 week landlord calls me and states i could stay here in the house if i would pay him more rent which went from 850.00 to 1100.00 per month. had no choice but to comply. i feel he has used the courts to forse me to pay more rent then originally agreed to. im on ssdi my income hasnt changed. what do i do?

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

My name is ***** ***** reside at 18950 centennial sthesperia ca. 92345 tel(###) ###-####

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

I originally had a lease now its a month to month rent and he states as is..

Submitted: 8 months ago.Category: Landlord-Tenant
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9/14/2017
Lawyer: barristerinky, Attorney replied 8 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,630
Experience: Attorney over 17 years, landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Was there an actual agreement to trade work on the house for rent?

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Have you just been served with the UD summons to go to court?

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Did you actually pay the rent of $1100 after the landlord agreed to let you stay for the higher rent?

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.

thanks

Barrister

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Customer reply replied 8 months ago
There was never a written trade for rent agreement. It was verbal agreementfrom the very first day due to the fact the house was unlivable at the time. yes i had no choice but to pay the 1100 as i was told or i would have to vacate the property per judgement.
i have pictures and reciepts of all repairs i had done.
Lawyer: barristerinky, Attorney replied 8 months ago

Ok, so if you paid the $1100 as agreed, that is an entirely new agreement since the landlord would be considered to have entered into a completely new tenancy after your tenancy was terminated in Feb.

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When he agreed to let you stay for $1100 that wipes the slate clean for rent for the new tenancy. If he thinks you owe him money for the old tenancy, then he would have to sue you in small claims court for a money judgment and you would defend based on your verbal contract for you to do work in return for a credit for the rent.

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So I don't see him as having any legal grounds to terminate the new tenancy unless you stop paying the $1100..

/

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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.

thanks

Barrister

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Customer reply replied 8 months ago
The amount I owe is based on this agreement I missed a payment last month and was short 250. This month I was short I only have him 700. Which he is correct I owe him 1900.00 currently. The question is I had talked to him and he has excepted my partial payments do far. The other question is I was ordered to vacate this property in Feb 2017 But landlord stated I didn't have to vacate if I would except the rent being raised from 850 to 1100. I had no choice.
Customer reply replied 8 months ago
All this took place when he had to fix a broken sewer pipe under the kitchen slab. Which he sent a crew here the day before thanks giving and left a hole in the floor with raw sewage still omitting from the ground for 3 days . I had no way of cooking or staying here the smell and filth was too much to bear.
Customer reply replied 8 months ago
my question is i agree with the amount he is stateing i owe. howevever i have been trying to get him to atleast deduct some or portions of the costs i have incurred in repairing his home to no avail now i have till this mondaty to respond and i dont know what to do.
Customer reply replied 8 months ago
If ihave to comply with his demands and vacate i dont have the funds to do so at this time. I would need a few months to save up.is this somthingyou could help me with and how much would i have to pay you.
Lawyer: barristerinky, Attorney replied 8 months ago

Ok, then to be honest you have a problem... because if you have gotten behind again after you entered into the new lease agreement for the $1100, then the landlord can pursue the eviction. He doesn't have to accept partial payments if he doesn't want to.

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The other question is I was ordered to vacate this property in Feb 2017 But landlord stated I didn't have to vacate if I would except the rent being raised from 850 to 1100.

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That is what I was talking about before... your tenancy was terminated by the court back in Feb. When the landlord told you you could stay at $1100 a month, that was an offer to enter into an entirely new month to month tenancy.

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But if you haven't paid the $1100 as agreed, then he can legally evict you now unless you can work something out for him to accept a partial payment.

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So you need to file a response to the UD action by filing an Answer to the complaint and then appear in court and ask the judge to postpone any eviction action for a few weeks. But the only way you could get a couple months is if you were to file bankruptcy as that gives you an automatic stay of creditor actions for a few months..

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And the attorneys on the site can't represent customers... we can only answer questions and provide information.

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thanks

Barrister

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Customer reply replied 8 months ago
as i said i was short in july by 250.00 aug i missed1100.00 sept i was short 400.00 but he excepted the money i had now he wants all in full. is that right.
Customer reply replied 8 months ago
why does he not have to pay me what he owes and how do i get reimburessed.
Lawyer: barristerinky, Attorney replied 8 months ago

Do you have anything to prove that he waived the remaining amounts you owed for rent? Emails, texts, letters, tweets, etc.?

.

Did you countersue him for what he owes you under the agreement you had to exchange work for rent?

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Customer reply replied 8 months ago
0o I guess what your saying is I must sue him for the materials and the labor for doing the repairs on the house since the very first contract all the way to current. I have pictures and receipts to prove my repairs. Is that correct.
Customer reply replied 8 months ago
No i havent sued him
Lawyer: barristerinky, Attorney replied 8 months ago

Correct, if he isn't giving you credit against rent or paying you outright, you have to sue him for the value of your labor that you put into his place that he won't acknowledge under your verbal contract..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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