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  1. #1
    Join Date
    Aug 2010

    Angry Landlord Harassing and Refuses to Evict Legally

    My question involves an eviction in the state of: California

    I have been getting harrassed (literally) by my landlady who is demanding verbally that I vacate the premises. Let me do my best to make the long story short.

    I moved into my current unit (back unit of a triplex). My landlady and I don't have a written lease agreement, but agreed verbally on the monthly dollar amount and she allowed me to move in with just a deposit of $2300. She accepted, gave me all of the only set of keys to the unit, including the garage that is attached (this is important to know for later).

    The landlady is a licensed RE agent, and I am also in Real Estate (my license is pending upon my successful passing of the exam), however, I've been a foreclosure consultant for years (not working due to licensing requirements now in CA)...Our agreement was for me to assist her with her clients, particularly those who need to complete a Short Sale, because that is my area of expertise. In exchange, I could occupy her unit and I would either pay her from the proceeds of my fee upon closing, or I would charge no fee in exchange for monthly rental.

    1 month after I moved into the property, my friend who lives in the front unit with her family asked me what a particular notice meant. It was a NOTICE OF TRUSTEE SALE!! Of course I knew what it was, and explained it to her. I had no idea that the landlady was even in default, let alone at this point, and the sale was 20 days away. The landlady, called me a week letter to explain that she was stressing about the issue and said she had someone working on it for her; even though this is what I do. fast forward to two days before the sale, and even though she paid someone $5000 to help her get out of foreclosure trouble, she called me at 9pm April 25 for help. I assisted her in getting the foreclosure sale postponed for 30 days.

    Ok, in the meantime, she began to ask me about paying her rent now. I explained to her that although she hasn't sent me any clients, I am looking for traditional work. (side bar) I have 5 sons, going through divorce, where husband left us destitute. I hadn't been in the workforce since 2004 when I had our 4th son. While I am trying to put my childrens' and I my life back together, I'm still trying to find work to be able to handle our responsibilities.

    Anyway, she was very humble and cooperative and knew that we were both in the same financial boat being in the RE industry. one of her statements was (let's keep praying and trying to find solutions for each other). OK, now, I found a program that could assist me with paying any rent arrears and based on my situation could help pay the rent until I could get stable. called HPRP. I explained it to her, started to daunting process of getting qualified for the program and told her that I was diligently working on a solution. I would still help her work with her lender because I had a vested interest in her keeping her property as well.

    Shortening the story, 1 day before the auction date of May 28, she finally got approved for trial modification and the auction cancelled. 1 week later, SHE FLIPPED ON ME!

    She started calling me after 8 pm every other night, wanting to know that since I wasn't able to pay her back in April, that I should vacate her premises. I told her that to qualify for the HPRP, I needed her to provide me with either a 3 day notice to pay or quit or a 30 day notice to vacate. She said she wouldn't do that, but wanted me to NOW complete the rental application.

    I said I wasn't required to fill out the app now, since I was already there, and that I was trying to get the assistance to help pay. I also asked that if she could lower the rent about $500, that would help tremendously and we could get it. She refused, said she needed me out and that she would just put her cousins in the unit since they had guaranteed social security income. I said she needed to now give me a 30 day notice. She refused and said that she would be over to show her family the unit, told me I couldn't give my son a graduation party in her unit, and I needed to let her in.

    1 week later, (June 14th to be exact) she came to my home at 9:40pm, with an application for rental in her hand. I let her in the house, she said I needed to fill it out, argued with me over it, and proceeded to search the bedrooms (did I mention I have children who didn't know what was going on?)
    I told her it was time to leave, she said she would investigate me some other way, I asked her to give me a 30 day notice, she refused and said I needed to be out by July 1.

    June 27, posted a 24 hour to enter premises for the following: Periodic Property Inspection, To exhibit unite to real estate or other agents of owner, to exhibit unit to workmen or contractors, to determine if the unit is abandoned. (Now, she's acting as the "agent" in this case because the property is technically in her Sister's name. Her sister acted as a "straw buyer" for the property OWNER OCCUPIED LOAN AND MODIFICATION AND HER SISTER OR SHE NEVER LIVED HERE...A WHOLE OTHER STORY).

    She entered with the "prospective tenants" on June 28 to show them the unit. Later that night at 9:20pm she called three way with the prospective tenant to see when I would vacate verbally. I let the call to go voicemail, explained to her that from this point all communication would be in writing, and she is no longer to call my home. I blocked her and all number she called from.

    June 30, she posted a copy of THE SAME 24 hour notice to enter, just changed the dates and times. I created a Cease and Desist letter telling her that she cannot take "Self-Help" eviction actions and needed to give me a 30 day notice to terminate tenancy. " I placed this item on the doorbell, on the door (front and back).

    She arrived at about 10am July 1, with a lady and man. I refused to open the door. She took my C&D letter and left. An hour later, she came with the LA County Sheriff, and they said I had to let her in. I showed them all of the documentation I had of her dealings and they asked her why she was there. She had a lady personally serve me a 3day notice, and told the deputy that she wanted the painter to get an estimate. I told them she is using this 24 hour document in order to be able to talk with me since I blocked her phone calls. She knows that she has to have some paper to come over her. The told her she had 5 minutes, let the painter in, and she tried to argue with me. The deputy escorted her off the premises..

    July 15, she called me again from another number (I downgraded my phone services due to cost, no caller ID). I told her I wouldn't speak with her. In the process, I had a prospective place to move, but the owner said it wouldn't be ready until August 15....I told her that and to leave me verbally alone and follow the legal procedure.

    August 21, she brought the same lady to serve me another 3 day notice, demanded that I place a table in the garage that was on my porch, and asked me when I would vacate. I told her no more talking. She dated the letter August 19, but came on August 21. I asked her to initial that she served on Aug. 21. She said the lady would complete a proof of service, I said I need her initials because she could lie. She refused and left....

    August 29th, she brought two guys to my door with her (I was home alone with my 4 and 5 year old, I felt intimidated and threatened). She demanded that I remove all of my items out of the garage, and put anything that was hers in the garage. Since our garages are behind the unit, I didn't know that she had already gone into my garage because I couldn't see her. I said I didn't have to do that and she said the garage isn't part of the agreement, EVEN THOUGH SHE GAVE ME A KEY! (remember I said in the beginning that this would be important for later). She demanded again, had one of the keys hand me ANOTHER OF THE SAME COPY OF THE 24 hour notice to enter with the same reasons highlighted, just changed the date and time to Sept. 1 between 9 and 5. Said I had to have my items out of the garage by Sept 1 when she returns.

    ALL OFTHAT....My question is this? What do I need to do to be ready for her visit tomorrow? She is clearly abusing her right to enter the premises, using the same notice and reasons. she is just using these documents to come to my home and harass me and I feel unsafe. Even though I owe her the money for the unit, what are my rights as far as her harassment? What do I tell her tomorrow when she comes? My children are afraid, I am shaken, clearly? What do I say about the garage? Should I call the Sheriff before I let her in the unit? She knows I have no family here, other than my children....

    HELP!!! I need real advice please!!!!!

    Thanks for hanging in there with me...what hurts me the most is this lady is 62 years old and I was raised to truly respect my elders. I feel like she's trying to attack my family, when I meant her no harm. AND on top of all that, she's clearly committing mortgage fraud on so many levels and has the audacity to harass me.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Landlord Harassing and Refuses to Evict Legally

    Okay. I waded through that and see that your question involves something that was to happen this morning. So what happened?

  3. #3
    Join Date
    Aug 2010

    Default Re: Landlord Harassing and Refuses to Evict Legally

    I posted a notice on the door, outlining the items I was told to address by another attorney. Basically, she still has to take formal legal action to remove me from the premises. While she has the legal right to present the 24 hour notice to enter, excessive use of the exact same letter will support a harassment suit and a restraining order. I gave her this letter per the attorney's advice and proposed a couple of other options to circumvent eviction. I waited until 3:30pm (her notice was from 9am-5pm) and had to leave. There was no one else that could've provided access and I have the only keys. She took my letter that was posted on my door addressed to her, and haven't heard from her. We will see what happens from this point.

    I realize it was alot and wanted to be as detailed as possible to perhaps help someone else one day....sorry for the lengthiness...

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