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My landlord filed an unfair unlawful detainer against me and…

Customer Question
My landlord filed an...

My landlord filed an unfair unlawful detainer against me and my 81 yr old mother whom is greatly ill can't walk alone and is on continuous oxygen., as well as diabetes LG hernia sticking out of her abdomen. In a nutshell, I missed the court date as I was in eurgent care with my mom because she was losing alot of blood, oh yeah she's also afib and taking warfarin. I filed an ex parts to stay the execution as we had recieved the 5 day lock out and also requested another hearing as I didn't get our day in court. I went to court and this commisioner was rude to me spoke to me like I was trash, basically called me lazy and while waiting for agreement from plaintiffs attny to give us a lousy 6 more days she said to him, " if it was just her I'd make her leave right now and made a motion with her hand like she was shooing me away, like an annoyance, she judged me so badly and so wrong my mind went blank so I didn't say all I wanted to. Also, I had asked in the motion for another trial date and she said something like, well tell me your side, so I don't know if she was trying it but she didn't give me the option of obtaining counsel. This entire situation and unfair treatment by our landlord has stressed us out immensley and we did nothing to warrant being dismissed like this. Can I quickley file another ex parte as we can't qualify for any apt rent has gone up so high and mom was recently discharged from hospital and is weak. I want my day in court to show that we are being wrongfully evicted?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

California and the date was Dec 27 or 28

Lawyer's Assistant: Has anything been filed or reported?

What do you mean?

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

Yeah, my landlord stated reason to evict as unauthorized tenant and I told her my nephew was here only a few weeks off and on helping me with mom while I'm at work. Well I just found a text when I asked her if he could stay until that evening and she said yes, does that make her reason to evict not valid as I had authorization from her that he could stay a lil longer?

Submitted: 3 months ago.Category: Legal
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Customer reply replied 3 months ago
By the way, before the unlawful detainer we had been blindsided with a 60 day notice to vacate, didn't know why so I called landlord no answer, texted her twice and on the 2nd text I sent her I asked her if it was because of my niece(I had recently heard she was hanging around the property late nights with some guys), I at that point hadn't let her in our apt for a couple months. Landlord said yes that she recieved calls from several neighbors but when I asked them they said the never complained. Long story short, she tried to say were responsible as she was my guest and I told her she wasn't but so we wouldn't have to move ID get a restraining order and landlord agreed and I did all she requested but she filed anyway I saved many texted conversations with her and she is a shady sneaky liar. But on the unlawful detainer she put down unauthorized occupant, my nephew.
Customer reply replied 3 months ago
By the way, my mother and I have lived here 2 yrs, we are good quiet respecting tenants and were currant on rent.
Answered in 5 hours by:
12/31/2017
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,246
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

You do have grounds to seek to vacate the eviction based on lack of grounds/cause for eviction IF you had a written lease. If you did not have a written lease for a specific term and you were a month to month tenant, the landlord would not need any reason to evict you from the property. So that would make a difference. If you had a written lease, then you need to file a notice of appeal of the eviction together with a motion to stay execution of the eviction pending appeal.

If you cannot afford an attorney I would go to legal aid Tuesday morning to seek assistance and representation, since you are going to have to appeal to Superior Court and it is going to get more complicated there than in the initial housing hearing and it would indeed increase your chances of success if you can show you did nothing wrong and did comply with the landlord's requests.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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