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Landlord Wants Me Out at the End of My Lease Term

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  • 06-30-2014, 09:54 AM
    Sparrow49
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    oh. well on that you are correct. however, should I fail to leave the apartment once the lease expires, (and I'm not going anywhere) that will RESULT in an eviction--or at least an eviction attempt. that takes me to what I was saying about 1942.5.

    plus, the code says it is unlawful to even threaten or do anything that would lead the tenant to believe he will be evicted (like tell him the lease won't be renewed) if, again, the underlying motive is payback, whether or not you actually start the eviction process.

    the law offers up $2000 per incident for intentional infliction of emotional distress for doing things like telling an unemployed person--who you KNOW is going to have a hard time renting a new apartment without a job because let's face it; YOU wouldn't rent to an unemployed person--they have 20 days to find a new place, pack, and move out. the law allows for that remedy because a scenario like that is QUITE cruel.

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    now you are just using semantics and its name is not important. you can call it non-renewal, eviction, or Billy Sue Jenkins.

    at the end of the day, the code says it is unlawful to: "increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee." so if he doesn't renew my lease, that's fine...he doesn't have to, even though its unwise to let me live here with no sort of agreement whatsoever, because as I said, I'm not going anywhere. HOWEVER if he does ANYTHING to influence or force me to leave, I'm going to sue the stubble off his bubble (figuratively) and STILL not go anywhere.
  • 06-30-2014, 10:03 AM
    LawResearcherMissy
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    Quote:

    plus, the code says it is unlawful to even threaten or do anything that would lead the tenant to believe he will be evicted (like tell him the lease won't be renewed) if, again, the underlying motive is payback, whether or not you actually start the eviction process
    .

    The owner of the property wants his property back. He is entitled, at the end of your lease, to take his property back into his possession to do whatever he likes with it. While YOU believe that the refusal to renew your lease is retaliatory in nature, the COURTS may (and probably will) find otherwise.

    That said, you may have some grounds to stay a little longer, since the notice was neither for the 30 days required by law, nor in writing, but that's still not going to be enough to force a renewal of your lease.

    You'd do well to start packing and making other living arrangements. It's not what you want to hear, but it's reality.
  • 06-30-2014, 10:17 AM
    Sparrow49
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    thanks, missy. I believe you are absolutely wrong, but I know you mean well. if you saw my case file, evidence, etc. AND had read the civil code, you would agree with me that my chances of winning this lawsuit are at a minimum 75%...and that's lowball. 85% to 90% is more accurate.

    the code's description of retaliation may as well have been written directly from my experiences. i experienced all the scenarios within all the time frames the code requires you to have met and experienced to make that code applicable to your situation. the code also requires you to show PROOF as to why the owner is retaliating and I have a years worth of irrefutable proof. he is NOT going to win.

    I came here to play devil's advocate and maybe bounce some ideas off somebody, but all of you are dead wrong. when a civilian like me knows more about a legal topic than lawyers do, that's just sad. but then again, I have read every available and applicable statute and code regarding this repeatedly since 10 june so I do have an unfair advantage.

    but this has been a very good experience. if lawyers don't know the definitions and remedies, I better not expect the judge to know either. when we go to trial I better make damn sure I know it inside out, indicate each violation and applicable section in my complaint, (to incude what remedies/punishments the code offers) AND bring a copy of the entire civil code thing with me.
  • 06-30-2014, 10:41 AM
    gail in georgia
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    You will learn this the hard way but this code involves a landlord attempting to retaliate against a tenant WHO HAS AN ACTIVE LEASE.

    As of July 1st you will no longer have this.

    You will be considered a "holdover tenant". And it is likely the landlord will then file for an eviction based on THIS fact.

    And thus you will find yourself sitting on the curb with your belongings, clutching your civil code in your hand.

    So be it.

    Gail
  • 06-30-2014, 11:10 AM
    LawResearcherMissy
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    Quote:

    I believe you are absolutely wrong
    That's nice.

    I'm not, though.

    Have you ever seen what happens when you are forcibly evicted? I mean, aside from it turning up on records, and making it harder for you to get a new place?

    The sheriff shows up, physically removes you from the premises - no, he won't stand by while you pack, that should have been done already - and he and his crew remove all of your stuff and dump it at the curb. Then you're stuck until someone can help you put it all into a truck before the junkers come out and steal it.

    I don't know why you think stomping your foot and yelling "You're wrong!" at us is going to change the outcome of your situation. Gail is an actual landlord, well versed in landlord-tenant law in several states. I get that you don't want to move, but you've been given correct information by people with more knowledge than you have. If you knew all the answers, you wouldn't be here now, would you?

    We don't want to hear it when the court tells you to GTFO. You have ample opportunity to save yourself a lot of heartache. It's up to you to take it, and not our problem when your notion of digging in your heels backfires on you.

    Quote:

    when a civilian like me knows more about a legal topic than lawyers do, that's just sad.
    You might want to work on your reading comprehension skills, once you're done packing and having temper tantrums.

    Quote:

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  • 06-30-2014, 12:20 PM
    Sparrow49
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    Gail and Missy, today is June 30. 30 days from now, I imagine there will be some resolution to this, be it in my favor or the owner's. I will come back and tell you what that resolution is on 30 July. What will the two of you give me if--sorry, WHEN--I prevail and what would you like should I wind up sleeping in the bushes and all my stuff has been either stolen or sent to a landfill?

    and actually, in san diego, they don't put your stuff on the street if you are evicted. the Marshall's office brings professional movers who put your stuff in storage. the mover's charge something like $250 per hour and the storage facility STARTS at around $40 per day, (depending on how much space they need to store it all) and you have to pay for the Marshall's time spent monitoring all that activity and I don't know how much that is. if you want your stuff, you have to pay ALL those fees, every dime, by certified check or money order. you have 30 days to do it because on day 31 it's not yours anymore, so hard cheese. on the 31st day, its consigned to auctioneers to sell for whatever they can get and the profits are split with the county.

    like I said, I have read and researched NOTHING BUT the code, the law, the repercussions, the advantages, each possible outcome, potential remedies, rules of evidence, rules of the court, required evidence, and both best and worst case scenarios...for hours each day every day since I was notified at 2pm 10 June. not only am I confident, I HAVE to be confident. I don't have a job and I have LOOKED for apartments already. NOBODY is going to rent to an unemployed person...unless they pay six months' rent in advance or something. besides, I can pay the rent, but I can't pay the MINIMUM of $2500 it will take to move. I HAVE to fight this and I HAVE to believe I am right in doing so...it's either that or sell everything I can and start sleeping in my car.

    this is a retaliatory eviction, brought about because I complained, and not only can I provide MOTIVE, I can provide proof both factual and inferential: I have never been late with the rent or violated the lease, nobody else in the building complains because this is the kind of crap they pull on those who do, (those people are gone now...when they were threatened with eviction, they moved) if he's so fired up to give a rent-free apartment to one of his students then give him one of the two EMPTY apartments, within the last four months two NON-complaining tenant's leases expired and they converted from annual to month-to-month with no problems, the fact I was given less than the CUSTOMARY 30 day notice is fishy enough--the fact he denied a VERY reasonable request for an extra 6 days makes it even more suspicious. I wasn't asking for 6 RENT-FREE days, I would have paid the rent and even signed something saying my payment did not mean we now have a new contract. if it's NOT retaliatory, he is going to have a VERY difficult time showing that its not because everything about it sure as hell LOOKS like retaliation!

    he says it isn't retaliation and leaves it at that. he would NEVER admit it is because that's illegal, so he says he want the place for a student. all he has is his statement. I say it is retaliatory...and have 90 POINTS OF EVIDENCE and TESTIMONY from formerly evicted tenants who got forced out under the same fishy circumstances. their only "black mark" was they too stuck up for their rights and when the lease expired, they were given some BS reason why it wasn't renewed. EVERYTHING says this can't be anything BUT retaliation and that is illegal.

    - - - Updated - - -

    "we don't want to hear it when I'm told to get out" and "I am not your problem?" wow, missy, those are pretty presumptuous announcements. what makes you think I believe you are responsible for anything in my life.

    yeah, I'm going to dig in my heels. not just for the reasons I've explained but because he pulls this crap ALL THE TIME and it's ABOUT frigging time SOMEBODY dug in his heels because it's ILLEGAL. he does it so boldly BECAUSE nobody has ever dug in his heels and fought back. i am doing future tenants a favor because win or lose, you bet your BIPPY he'll think TWICE next time and that ALONE is worth it no matter what happens to me.

    we ALL love lobster but its a gross, scary, intimidating looking thing that I'm sure early man wouldn't even touch let alone eat. SOMEBODY had to be the first one to tackle one, eat it and found out it tastes pretty good. I am the lobster-taster by taking on this A-Hole. I will be the one to tell future tenants that he's gross and scary and intimidating, but standing up for yourself and SUING him tastes pretty good.

    so there you go, miss presumptuous. your little profile thing says you bite...most "female dogs" do.
  • 06-30-2014, 02:03 PM
    brownj12
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    Quote:

    Quoting Sparrow49
    View Post
    this is a retaliatory eviction, brought about because I complained, and not only can I provide MOTIVE, I can provide proof both factual and inferential: I have never been late with the rent or violated the lease, nobody else in the building complains because this is the kind of crap they pull on those who do, (those people are gone now...when they were threatened with eviction, they moved) if he's so fired up to give a rent-free apartment to one of his students then give him one of the two EMPTY apartments, within the last four months two NON-complaining tenant's leases expired and they converted from annual to month-to-month with no problems, the fact I was given less than the CUSTOMARY 30 day notice is fishy enough--the fact he denied a VERY reasonable request for an extra 6 days makes it even more suspicious. I wasn't asking for 6 RENT-FREE days, I would have paid the rent and even signed something saying my payment did not mean we now have a new contract. if it's NOT retaliatory, he is going to have a VERY difficult time showing that its not because everything about it sure as hell LOOKS like retaliation!

    OK, you said you were here to bounce ideas off of someone, let me explain how I believe the landlord (or his lawyer) will present the facts to the judge.

    The landlord will allow you to stay until tomorrow, then begin eviction proceedings.

    The landlord will provide the judge with a signed copy of your lease that has expired, and state that you do not have an active lease for the property, and that the last active lease expired 6/30/14. The landlord will testify that he has not accepted any rent from you for the month of July, therefore no month to month tenancy was established as per your lease.

    You will have an opportunity to provide the court with either an active lease or proof of July rent payment. I assume you cannot provide either.

    You will be evicted as a hold over tenant, because you have no active lease.


    I will assume that you are right that you have proof that the landlord wants to break the lease to evict you, and this eviction would be retaliatory in nature. However as of tomorrow, you no longer have an active lease with this landlord. At that point he will have cause to evict you. This is not retaliatory, and short of proving you paid rent for July, establishing a month to month lease you will have no argument against the landlord.

    The codes preventing retaliatory eviction protect the land lord from breaking the contract you have by eviction as a form of retaliation. However once you no longer have a lease this protection does not exist. The fact that you made complaints that the landlord is not happy about, perhaps even things he would want to retaliate over deos not allow you to extend your lease indefinitely. The law protects your right to finish out your lease without retaliation. After the lease expires you have no right to the apartment, the landlord does not need to retaliate. In fact the laws have worked perfectly as intended here. The landlord did not evict you, he was forced to wait out the lease, he did, now he wants his apartment back.

    He DOES NOT have to allow you to convert to month to month, the fact you complained and he is upset about that doesn't change that. He can choose to extend the lease for who ever he wants, and he can choose not to, the fact you were a pain in his ass probably contributed to his decision not to, however that is not retaliation.
  • 06-30-2014, 02:48 PM
    LawResearcherMissy
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    Quote:

    your little profile thing says you bite...most "female dogs" do.
    Aw, little one.

    You know what happens when you call ANYONE here a bitch?

    I get to ban you.

    Enjoy your eviction proceedings.
  • 06-30-2014, 05:21 PM
    gail in georgia
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    "ABOUT frigging time SOMEBODY dug in his heels because it's ILLEGAL. he does it so boldly BECAUSE nobody has ever dug in his heels and fought back. i am doing future tenants a favor because win or lose, you bet your BIPPY he'll think TWICE next time and that ALONE is worth it no matter what happens to me. "

    (Sigh) If Sparrow49 had any common sense instead of mistaking themselves for some sort of Perry Mason (I know; I'm dating myself) their argument to the court would be that they were not adequate notified regarding the 30 day WRITTEN notice not to renew their yearly lease.

    Gail
  • 06-30-2014, 05:34 PM
    Dogmatique
    Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
    Quote:

    Quoting Sparrow49
    View Post
    No, there is no auto renewal, it just expires. The only way it converts or anything is if they accept one single dime of rent from me on or after 1 July. If they do, it automatically changes from fixed term to month-to-month.

    - - - Updated - - -

    10 june through 1 july is not 30 days. I'm not even bothering to respond to legal advice from someone who can't count to 30.

    - - - Updated - - -

    Gail, re-read my complaint, then read CA Civil Code 1942.5. Once that is accomplished you may then apologize to me.

    I LIKE the apartment and the area, as I said in the posting. A big part of that is because I FORCED the landlord to get it to a habitable condition, and on top of that, have spent my OWN money, time and effort getting it where I like....just as I stated in my complaint. Just because the landlord is an "a-hole" doesn't mean the apartment and/or the area sucks too.

    yeah, it needed some work when I moved in, I was under the impression they would DO it because SANE landlords don't have to be ASKED to do things like repair a ground floor, street facing window that will not close or lock. that is a MAJOR security concern and a tenant shouldnt even have to ask...but the tenant before lived with that window for 3 years. I complained about it, and lot of other things, and NOW they want me gone when the lease ends even though I have never violated the lease.

    THAT IS RETALIATION! It's ILLEGAL in CA to evict, not renew the lease, raise the rent by some OUTRAGEOUS amount, etc. if you are doing it to get rid of someone or make their tenancy pure hell--in other words--retaliate-- simply because they legitimately complained or ratted you out to some city or state agency for not taking care of their legit complaints. If the tenant had reasonable, legitimate complaints about the conditions of the apartment, and expressed them, you can't get back at them like a vindictive little kid! that would be an AWFUL situation if landlords can kick you out or jack up the rent by $800.00 per month because you demanded they fix a leaking ceiling that has RUINED half your furniture. can you imagine that?

    Tenants have a the LEGAL RIGHT to complain about and demand reasonable repairs in California and to evict for that reason is ILLEGAL! I spelled that out pretty clearly in my post...I guess you just have poor reading comprehension or you're jaded by your bratty kids or something.

    if the place sucked beyond just some needing some repairs, I would not have rented it. plus they are harassing me with repeated phone calls after being asked in writing twice and once verbally to knock it off, that EVERYTHING needs to be in writing from now on, and stop calling me 5+ times a day. harassment is ALSO illegal but I guess you missed that part too since you don't know why people have the NERVE to complain when they're getting screwed over.....WHATEVER.


    Uncaffeinated I may have been.

    I'm still not the one having to shell out for your stupidity.

    :cool:

    And if you were my tenant, I'd be doing everything in my power (which is Rather Great) to make sure you'd be out on your ass, legally, and I'd be telling every landlord and his dog about "The Troubles With Sparrow".

    And there wouldn't be a darn thing you could do about it.
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