Results 1 to 3 of 3
  1. #1

    Default Landlord Wouldn't Provide a Written Lease

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

    My father and i have been living and taking care of my mother in her home for the last 2 years,she is now in assisted living,my brother was appointed as conservator,as a conservator he has all of the legal responsibilities of a landlord,he wanted my father and i to start paying rent,and also all utilities.he wanted us to start paying rent in january,i requested for him to draw up a rental or lease agreement for a monthly amount within 30 days and send us copies of utility bills so we know how much to pay each month.also made him aware that he's not only a conservator but now a landlord.aslo informed him there is presence of mold in bathroom and kitchen.i requested him to come and inspect the mold or send a health inspector out within 30 days.
    he made no effort to draw up a rental or lease agreement in 30 days,and no concern or effort to come here and look at the mold,there is hardly and cold water in whole house,bathroom floor has major water damage and rot.february we sent him a check for 500.00 in good faith towards rent for the month of febuary and informed him that it would be reasonable to withhold any further rent until you draw a proper rental or lease agreementso we can all agree on a monthly rent and withold payment on any utility bills until you send us copies of the bills we need to pay or include utility bills in rent.
    my brother gave us a 30 day notice after he accepted a check for rent,

    he filed an unlawful detainer,my dad recieved the notice(the notice had my fathers name and my name on it)i was unable to respond to the notice because i was in custody for 35 days,my brother knew i was in custody and i can prove that.so i was not able to respond to the unlawful detainer.my question is doesnt he have to serve each tennant with a unlawful detainer?one for me and one for my father,and isnt he responsible to serve me the unlawful detainer when he knew i was in custody?when we went to court the judge said that i couldn't speak because i was in default because i did not respond to the detainer within the time period.i informed him that i was in custody,my question is due to me being in custody and was unable to respond i fell its totally unfair for me not being able to fight the detainer.

    while my dad was able to proceed the judge refused to accept two copies of the letters i wrote to my brother the landlord,the letters were my proof of the requests i made about the rental agreement,the mold,other issues in need of repair etc...the follow up letter i mailed to my brother also was denied,

    my brother has all legal responsibilities of landlord,he has violated the following:

    California Civil Code 1962—Landlord’s Responsibility to Provide a Copy of Rental Agreement

    Section 1941 if it substantially lacks any of the following
    affirmative standard characteristics or is a residential unit
    described in Section 17920.3 or 17920.10 of the Health and Safety
    Code:


    the thing is that my mom owned this house for over 50 years,i moved out when i was 17 and hardly seen my mom until recently in the last few years,me and my brother dont speak,my mom developed a memory problem and she continuosly told me how much she missed me and loves me that weve been apart for so long she wants to be close again,she wanted me to come live with her and i did also it was important that i be there to help her out,also my father came to help take care of her,so when my brother became aware of this it made him angry that me and dad were there,he called social services several times stating we were abusing her,they came several times but there was no abuse going on.he has called the police several times saying theres elder abuse going on,police found no such thing.he has done everything he can to have me and dad thrown out.he filed for conservator and was granted when neither mom or i was there,he lied about a rescheduled court date so i missed and mom was in therapy.mom was in no way incompetent and the only reason he filed for conservatorship was to have the ability to get me and dad outta this house.

    my most important question what can i do?my brother failed in his responsibilitys as landlord and the judge would not accept the copies i sent to my brother as proof in our defense.i need help.thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Wouldn't Provide a Written Lease

    So, basically, you were supposed to pay rent. You chose not to pay rent. You were served with a pay-or-quit notice and, when you still didn't pay, an eviction lawsuit was filed. Despite having proper notice you missed the hearing on the eviction because you were incarcerated, and you did not make arrangements with the court to either be represented or to have them accommodate your incarceration. You then attempted to go to the court that ordered the eviction with a couple of letters, to claim that your brother had not made certain repairs to your mother's home prior to evicting you for nonpayment of rent. And, since you had not filed a motion to set aside your default, which remained in effect, the judge correctly told you that he could not entertain your defenses to the eviction.

    If you believe you have valid grounds to set aside the default and defend against the eviction, get moving on your motion to set aside the default. If you choose to let the default stand (or are unsuccessful in having it set aside) the eviction can continue.

  3. #3

    Default Re: Landlord Wouldn't Provide a Written Lease

    my brother the landlord never gave us an amount to pay,he kept saying we need to pay rent,that is why i kept asking him to make a rental agreement with a monthly amount,he never did.and he did not send a pay or quit notice,it was a notice to move out period,there was no asking to pay rent.i did not know there was a unlawful detainer served while i was in custody,my brother had all collect calls to my home blocked and i had only 5 days to respond,a letter would not have got to me in time.the letters i had were to my brother requesting that he give us a rental agreement with an amount and the mold issues.if i wass your landlord and told you to pay rent but never gave you an amount or refused to give you a rental agreement,and you asked me to look at mold in your home and never cared to do so,would u do?how could u pay rent besides,i never gave you an amount>

    1. Sponsored Links
       

Similar Threads

  1. Denial of Access: Does a Landlord's Refusal to Provide Keys by Move-In Date Void a Lease
    By Happy Girl in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 05-07-2011, 09:32 PM
  2. Giving Notice: Lease Expired, 30 Day Written Notice Given, Landlord is Refusing to Prorate
    By confusedblonde in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 09-19-2010, 09:28 PM
  3. Roommates: Roomate on Lease Wouldn't Pay Rent
    By atomic1917 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-22-2010, 03:05 PM
  4. Quiet Enjoyment: Threatened With Eviction Because I Wouldn't Let Landlord Show Apartment, In Arizona
    By peyton in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-04-2008, 07:24 AM
  5. Repair and Maintenance: Landlord's Obligation To Provide Mailbox
    By geosky in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 04-03-2008, 07:08 PM
 
 
Sponsored Links

Legal Help, Information and Resources