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  1. #1
    Join Date
    Jun 2011
    Location
    CA
    Posts
    3

    Default Harassment by the Property Manager

    My question involves landlord-tenant law in the State of: California

    I receive SSD for ~5 years and have a named disability under Federal Fair Housing Act, 42 U.S.C. 3601-3700
    and State Fair Housing. I have lived in apt for 10 years and have de facto rent due date of the 3rd of month and have always paid on that day b/c I receive my SSD deposit then. No problems until new management co took over a few years ago and the corp VP turned off my life support despite my pleas to wait until the following week when weather cooled down. She refused and laughed at me. I suffered needlessly since to date the leak has not been fixed. It astounding someone could be so cruel. I have never had a problem with the onsite managers, however; until a few months ago when we got an inexperienced, immature control freak. She verbally abuses me with unwanted advice and her psychobabble. She also lied and made up a nonexistent building code precluding me from keeping a cart in MY parking space while at store so I can keep walker in car.. I contacted city Building Comm and they confirmed no such code. The supr advised me to tell them and if they continued to harass me let him know and his legal dept would handle it. However he has sinced moved on. On May
    3rd I was on fone with doctors and hospital trying to see if we could reschedule surgery scheduled for May 4th as I failed pre-op. In doing so I did not immediately return her call DEMANDING the rent be given to her in early morning for her convenience. When I tried to explain she called me 'most selfish self-absorbed person ever' and hung up on me. She then called back and left message that I was never to call her home and tell her she is being childish and she would never call me again. On June 3rd when I was going to store, I had rent check in hand to deposit in her rent box. Instead I was greeted with 3 Day Notice to Quit and an illegal rent increase (backdated to June 1 when actually served June 3). I had neighbor deposit check in box for third party proof. She then blocked my entrance to building with a heavy dufflebag meant to prop open the door. When I asked her nicely to please move it I could not get in with my walker, she lied and claimed it wasn't hers. I saw her put it there when I drove in garage. I chose not to argue at that time, and kicked it enough until I could squeeze in. On the night of June 6th, she called me (breaking her own new rule) to tell me that if I did not pay by the second she would have to give me new notices for late fees regardless and offered to show me generic email sent by company to all properties to start collecting late fees. Since they are illegal in CA they are thinly disguised as rent increase. The previous manager told me several elderly peeps paid on third also since they relied on their SS for rent. I had enough of her and lost it on her albeit I was too drugged to really tell her what I thought of her. This is clearly retaliation on their part.

    I filed complaint with Housing Rights Center but my case person is not familiar with the law. The reasonable accomodation of the 3rd is a "MUST" not 'will u please?" Besides they waived any rights since for 5 years they have accepted the 3rd with no problems.
    Can I sue the city for hiring incompetent peeps that no nothing about the job they have?

    This manager is not qualified and I don't want to put up with her or management company anymore. My claim is such an obvious violation to any reasonably intelligent person. In addition to harassment, I want intentional infliction of emotional distress as well as punitive damages. Which court is best to file state or federal and why? There is good chance I would be filing in pro per.

    Thank you!!

    p.s. This rent collector thinks sending someone to my unit to pick up the rent check early in the am to suit her schedule for the day is PROOF of how well she treats me. Nothing she does is for my benefit, strictly her own. I have no problem with giving the check as long as monies have been deposited which is easy enough to check online. I will NOT post date checks as she has often demanded and told her it is illegal. Nonetheless she keeps demanding if it is to her convenience. When I refuse, I get an earful of unwanted and unasked for psychobabble. An elderly couple who have lived here longer than me, give in to her demands but are very uncomfortable and worried in the event the SS monies are not deposited or they deposit it sooner. I told the couple to tell her NO, it is illegal and they have no obligation to comply with an illegal criminal request.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,004

    Default Re: Harassment by the Property Manager

    You state "the corp VP turned off my life support" - what does that mean?

    You state " I suffered needlessly since to date the leak has not been fixed" - what leak are you talking about and has it been fixed?

    You state " She also lied and made up a nonexistent building code precluding me from keeping a cart in MY parking space" - but you indicate that's no longer an issue.

    You state "She then blocked my entrance to building with a heavy dufflebag meant to prop open the door" - but it appears that was a one-time issue and don't explain why an action to prop open the door was somehow maliciously directed toward you.

    You state "I had rent check in hand to deposit in her rent box. Instead I was greeted with 3 Day Notice to Quit" - you do have to pay your rent, and the lease sets forth when it is due. You paid your rent, right? So what's the present issue?

    You state "I was greeted with ... an illegal rent increase (backdated to June 1 when actually served June 3)" - if the notice was not served in a timely manner, point that out to them and see how they respond. They may respond by giving proper notice of the increase.

    You state, "I want intentional infliction of emotional distress as well as punitive damages". If you want to sue your landlord, have your case reviewed by a lawyer. So far you seem to be describing a certain level of obnoxiousness, but I'm not expecting that you would get money damages from a few minor misunderstandings and inconveniences and rude treatment when you were late in paying your rent.

  3. #3
    Join Date
    Jun 2011
    Location
    CA
    Posts
    3

    Default Re: Harassment by the Property Manager

    she turned off my a/c and refused to put freon in during heat wave for 4 days b/c some idiot said he could fix it when off. I told him he's nuts. When the 4 days were up, he admitted I was right. Anyway, a/c is a mandatory necessity for me and is considered life support for which I receive a substantial discount from Power & Electric company. I was seriously incapacitated, in great pain, and drugged as a result for the entire time and then some as a result of her cruel, unnecessary and wasted actions.

    There has been a freon leak in my unit ever since I have lived here, actually prior to. So at least 10 years. Had I known I would not have moved here. Numerous attempts have been made to find it, but to no avail. (Actually one guy and I sourced it to the unit above me, but it would be a massive and costly undertaking to fix and I would imagine a huge inconvenience to the gentleman who lives there. I am quite sure he would not appreciate that. Old management co and managers KNEW it was life support for me and just had the freon guy come same day to refill. The new management co had it filled a few times but then chose the heat wave to cut it off allegedly to fix. How one finds a leak by turning off the source escapes any logic in my opinion. (and a/c is not my area of expertise). So I do have a habilitability issue but I'm not really addressing that here. However, it is cumulative acts on their part. Government Code Sections 12926(p), 12927(e), 12955(a),(d). See Fair Employment and Housing Act, Government Code Section 12900 and following; federal Fair Housing Act, 42 United States Code Section 3601 and following.40 Civil Code Sections 51, 51.2, 53;

    Under CA law, Civil Code Section 1942.5.339, any complaint made by tenant to city or county agency within 6 months of action by prop managers like this 3 Day Notice or the 'rental increase' is seen as retaliatory or should I say the law 'infers' the LL has a retaliatory motive. See also Government Code Section 12955(f), 12955.7. So the cart issue remains an issue under both federal and state Fair Housing Act.

    Propping open the door for her personal use is perfectly fine. Refusing to move it so I could get into the building and lying about its ownership is not only unconscionably rude but discriminatory against a disabled person as I was unable to get INTO the building b/c the duffle bag blocked my access and walker. California Practice Guide, Landlord-Tenant, Paragraphs 7:205, 7:391-7:394 (Rutter Group 2009). Violation of Federal Fair Housing codified at 3602-3619.

    Pay attention. I KNOW I have to pay the rent. I WAS paying the rent. I HAVE ALWAYS paid the rent. However, just b/c I paid at 10.30am instead of 10am, does not make me LATE nor does it warrant a 3 Day Notice to Pay or Quit. Nor does it allow for late charges, notwithstanding they are illegal in CA. But the manager is too stupid and acknowledged the retaliatory rental increase was in fact disguised late fees, It would be readily apparent to any reasonable prudent person since my original 2001 lease had $25 late fee with due date of the 1st. 2004 the CA Appellate court ruled late fees are illegal. I am under no obligation to live according to her schedule and/or convenience. I have always complied with her DEMANDS (I've ignored her lack of common courtesies) in the past which was probably a mistake. I never said anything, rather just did it in an effort to keep the temperature down. I have even gone out of MY way to accomodate HER schedule. Therein lies the problem. She does not have any managerial skill sets and frankly, her job title is a misnomer. She is actually just a clerical rent collector who got an ego boost with the title. But no more! They have all pushed me too far with this latest insane bs that is just wrong on ever level.

    As I initially mentioned the governing code for MY circumstance Federal Fair Housing Act, 42 U.S.C. 3601-3700, specifically 3602; the LL MUST give a reasonable accommodation in paying the rent. Therefore, my de facto rent due date is the 3rd NOT the first as they have accepted this for years; so waived any claim the date is the 1st. So if I am paying the rent on my due date of the 3rd, please explain just how you think my rent is late on the 3rd and how do you come up with late charges and or a 3 Day Notice to Pay or Quit on the due date and pay date of my rent???

    These are NOT minor misunderstandings or just rude treatment. The VP of management co also killed my other cat which she found funny, but to be fair I insisted she pay vet bill and she reluctantly did. My maintenance requests are not addressed unless a third party, such as my OT had to send a semi-threatening letter b/c nail strips were a safety issue, particularly after my surgery and the VP was unresponsive to me.

    I thought this was a legal board???? Your snippy tone is uncalled for and you are dead WRONG to suggest this is just a few minor misunderstandings or rudeness. We shot past that years ago with respect to VP of prop management co. (Altho I had nooooooooo problems with original on-site manager and on-site subsequent managers, only this latest inexperienced immature self appointed resident psychiatrist. I've asked for the peeling paint on window sill to be addressed (and I asked the new manager very nicely) for which I was given a lecture of psychobabble). I don't need the abuse, I didn't ask for it, I merely wanted the peeling paint addressed. At $2k a month, I don't think that is asking too much. As a matter of fact, many problems I have either fixed myself or had a friend fix b/c it is such a bore dealing with these peeps.

    I know an elderly couple here do not pay until 3rd as they rely on their SS for the rent (or at least partially, they told me, I just forget which) but they also told me they were asked to just date it the 1st. I can only assume this was the request of new manager b/c her predecessor told me they along with others paid on the 3rd as well. They have been here for years and I totally understand their problem, yet they did not receive a rental increase/late fees and they do not have the legal protection on that point that I do. No one got an increase except for me. So I would add discrimination to my complaint.

    My initial question was whether to sue in state or federal court?

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