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  1. #1
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    Dec 2017
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    3

    Default Can You Be Evicted While the Rental Property is Red Tagged

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

    I was forced into foreclosure by the illegal conduct of my utility company but this is another matter The property consisted of two single family detached homes on the same parcel but with different addresses. Typically there would be tenants living in the front house, and I lived in the studio behind. The front was currently empty. The property was purchased at trustee sale by a corporation I received a 3 day notice to quit only referencing the one address that was empty, not the unit I actually lived in.

    I tried to contact the new owners to work out a rental agreement because I planned to take the utility company to court for my losses resulting in their conduct that violates the laws set forth in the public utility code, Ca water Code, the fact that they completely ignored my requests for a reasonable payment plan aka reasonable accommodation to my broken spine of which I had been diagnosed with prior to and they wouldn't even stop the nonsense to let me breathe when I filed a chapter 13 BK or even after I reported a major wiring issue between my house and my neighbors house....

    I hoped to remain in possession, pay rent, prove my damages in court and pay the new owner off. Regardless, they never even entertained this proposal with a response. The property soon after was red tagged by code enforcement for having no power or water due to payment and billing issues I do not agree with I was told that I would be arrested for trespassing if caught on site by code enforcement. Once the power and water was back on I would regain possession but I could not afford the huge bill at this time. I was given only a few hours that same day to vacate and it was posted not to enter on each house I never received an unlawful detainer

    My house was broken into 3 days after being forced to vacate by code enforcement Locks changed and my belongings removed within a matter of days and during the time the red tag was still posted. In less than a month the new owners had remodeled the kitchen and bath and once they were complete had the red tag removed by establishing a new utility account and service. (Which was something the utility company refused to provide for my tenants or myself without paying off the current balance) Needless to say, the new owners did not pay my outstanding bill I made multiple attempts to contact the new owners through their attorney but eventually gave up when the attorney stated they were not returning any of their calls.

    I was able to locate the owner when she showed up as the listing agent of the property but she is DENYING that she is the owner regardless of the fact that she is listed as both the secretary and Chief Financial Officer of the corporation that owns the property. Says she has no idea why her name is listed on everything . ( !!!) I later found that there is a default judgment against me in an unlawful detainer lawsuit, regardless of the fact that I never received any notice, or that the 3 day notice did not include the address I actually resided in. My questions: 1)Was this eviction legal even though they did not state both addresses on the 3 day notice and aside from the fact that I was not ever served with an Unlawful Detainer (I do not know the property description on the UD) 2)

    Will the sheriff perform a lockout when the property is posted with a red tag? (They said they have no record but I couldn't find the record in court initially either so Im just curious how this is supposed to be handled by law enforcement in this type of situation.) 3) Can I get the default judgment removed from my record and is this necessary to prove I was illegally evicted ? I know I desperately need a lawyer, Im literally struggling everyday to get back on my feet after all of this, Im still not there by any means.....

  2. #2
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    Default Re: Can You Be Evicted While the Rental Property is Red Tagged

    The short version would appear to be that your property was foreclosed upon and sold. After the sale you were given notice at the address of the home that the new owner wanted you to vacate; you claim it was served on the front home as opposed to the rear home where you lived, but it's not clear either that the rear portion had a separate legal mailing address or that the notice would not be sufficient given that you were the former owner of the entire building and that was presumably the address of relevance for ownership of the entire property. You continued to live in the house but due to your failure to pay your utility bills the house was red tagged and you were required to vacate. You then vacated and, while you were out of the house, the new owner took possession.

    From that, it would appear that the new owner would be justified in concluding that you had vacated in accord with the notice to quit, and had surrendered the premises. What facts would have suggested otherwise? And no, you can't hold the new owner responsible for a red tag that resulted from your own actions, nor is there any plausible argument that this was a retaliatory eviction given that you created the situation, you were not their tenant, and you did not take action to enforce your rights in relation to anything that would have been their duty (or, it would seem, even in relation to anything that was not their duty) prior to your vacating.

    As for discrepancies between documents and the way an officer of the corporation says those documents should have been completed? I can't comment on those issues or their significance without reviewing the documents and, in all likelihood, obtaining additional information based upon what I learn from the documents.

    As for the eviction action, you can check the court file to see when and how you were supposedly served with notice of the court proceedings, and from that determine why you did not personally receive the documents and whether there might be a basis to challenge a default. Time is not on your side -- if you want to try to take meaningful action on the eviction case you need to get moving.

  3. #3
    Join Date
    Dec 2017
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    3

    Default Re: Can You Be Evicted While the Rental Property is Red Tagged

    Thank you for the response, it was evident I still lived there because the house was fully furnished, I was not given any time to pack anything more than a suitcase. Furthermore I called the buyers attorney multiple times to try and reach the owners and I made it clear I still lived there. The UD was supposedly served while I was in possession before the red tag. The default judgement was not entered until almost a month later and about a week after the property was broken into and after several calls to the attorney. I imagine a default judgement would be entered against me if I did not respond and had not moved, otherwise if I had moved they should have dismissed the case, not branded my record with a judgement therefore one would still have to obtain a writ of possession with this judgement to obtain a sheriff's lockout. The red tag says not to enter therefore it does not seem right for these people to remove my belongings once I have been only temporarily forced to leave and when they are also not allowed to be there either... It seems that they purposely did so before having the tag removed intentionally, I wouldn't say in retaliation though... I probably need to clarify a few things to avoid the misconception.

    Also, the property has two addresses, two mailboxes and is referenced accordingly.

  4. #4
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    Default Re: Can You Be Evicted While the Rental Property is Red Tagged

    In the foreclosure business, it's not even slightly unusual for buyers at foreclosure to take possession of homes that, although abandoned, remain full of the former owner's furniture and belongings. You didn't have an agreement to remain in the premises until they agree -- and very obviously, the three-day notice meant that they did not agree to any of your prior proposals. Whatever effort you previously made, you were served with a three-day notice to vacate and when they showed up three days later by reasonable appearances you had vacated. By virtue of your own actions, you weren't even legally permitted to resume occupation. That's a big problem for you in trying to accuse them of wrongful conduct.

    What did you learn from the court file.

  5. #5
    Join Date
    Sep 2010
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    Default Re: Can You Be Evicted While the Rental Property is Red Tagged

    Unless you were the owner, you were not "in foreclosure" at all. Foreclosure is an action that occurs against an owner.

    You seem to be all over the place. First off, if the property is determined to be unhabiltable (red tagged), you can be forced out. It's not an eviction. The law does not allow you to remain there.
    The water company doesn't care what your alleged electrical code complaints against the owners are. There's no judgment in such a removal.

    I suspect you really need to get a lawyer, you don't seem properly able to express the facts without he histrionics.

  6. #6
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    Default Re: Can You Be Evicted While the Rental Property is Red Tagged

    As I understand it, he owned the property. He left the property due to its being red tagged, after receiving a three-day notice to quit from the buyer at foreclosure, and when they showed up three days later and found that he was no longer in residence they proceeded to take possession based upon the impression that he had voluntarily vacated in accord with the notice.

    There's also an order for eviction from a court, but we lack the details to know if that was properly obtained or even if it is relevant under the facts as stated.

  7. #7
    Join Date
    Dec 2017
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    3

    Default Re: Can You Be Evicted While the Rental Property is Red Tagged

    The 3 day notice was served to me by certified mail on 7/26 and was dated for 7/24 if that is relevant to know
    This was also when I called the attorney to try and negotiate terms with the buyer, I didn't have any contact information for them prior to this
    The unlawful detainer is stamped as filed on 7/28 but I don't see any information on the proof of service so I'm still looking into this
    The red tag was issued on 8/14
    The house was broken into between 8/16 and 8/17 of which heavy furniture, my entire wardrobe and all my tools, jewelry and much more taken but still a significant amount of items and furniture remaining.
    8/19-8/20 The locks were changed on the front house that weekend
    8/21- Default judgement
    It doesn't appear the sheriff executed a lockout but they really didn't look too hard under the different variations of the address. The court information shows there was a writ of possession issued on the same day as the judgement 8/21. I'm going to try the sheriff again now that I have a case number to reference

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