My question involves landlord-tenant law in the State of: California
I entered into a month-to-month rental agreement with a woman, and after a few amicable years, she passed away from a heart attack one morning. Then her sister called me saying that she would be taking over (I don't know if it was so, only had her word) and keep sending her the rent check which I did for another year or so.
Things happened and I had to move out with a two week notice instead of 30-day which was regrettable, but I tried to find a sublet for the remaining two weeks to give her the full month's worth of rent. She declined this saying she did not do sublet, and I told her to take out whatever the proper amount from the deposit. She insisted that I had to stay another month, but she obviously does not have that power to make me stay where I was not willing to be. I moved out and out of the area.
I have come to find out through an old neighbor that she had someone post a notice on the door of the property AFTER I MOVED OUT AND SENT HER THE KEY to the address where I had been sending her the rent check. I'm assuming that was an eviction notice. How can I find out? How do you evict someone who has moved out? That seems fraudulent. And I am looking into it, but it appears she also filed a lawsuit in my absence (I don't know where she sent the paperwork to, and I don't read the papers.) This lawsuit based on fraudulent eviction must also be fraudulent in my estimate. Her sister did tell me before her death that there is a track record of this kind of behavior: malicious greed and manipulation of the system for her personal gain.
This happened a few years ago and now I'm just beginning to put things to right financially. Would it be possible to appeal the case? If not, can I go and file a brief and have it added to the case file? If she has been predatory in her rental dealings, could the renters go and file a class action lawsuit for that? Where would I be able to find what other evictions and lawsuits she had filed?
Thank you very much for your time and expertise.
Eviction Notice After My Move Out
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08-29-2013, 02:10 PMMedbxiiiEviction Notice After My Move Out
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09-01-2013, 08:09 AMMr. KnowitallRe: Eviction Notice After My Move OutAsk your neighbor to send you a copy? Ask the landlord to send you a copy?Quote:
Quoting Medbxiii
Depending on the full facts, it can be the best way to (a) ensure recovery of the premises and (b) to get before the court at the earliest possible date in the event of a claim for unpaid rent and/or damages.Quote:
Quoting Medbxiii
If you believe you have already been sued, check with the local court in which the suit was filed to see if there is a case pending under your name. You may be able to check onine.
This is from years ago? How many years? It's very likely that it's too late to appeal (assuming that a judgment actually was obtained), and it may be that you've also waited too long to dispute a judgment based on improper service (again, assuming that a judgment was obtained).Quote:
Quoting Medbxiii
If a judgment was obtained years ago, it may appear on your credit report. Check via the official (free) site, http://www.annualcreditreport.com/ .