No, I suppose not. And the reasons you listed are dumb reasons to try to get somebody out, but they’re also not discriminatory. Well, at least not for a protected reason.
If one of the other reasons she listed WAS discriminatory it might be helpful to list it.
I suppose what I’m saying is you would probably get better, more accurate advice if you were to post the whole story and all 13 reasons.
By not posting the other 7 it starts to look like you’re trying to hide something like the illegal grow op you had in the bathroom, or the fact that you haven’t paid rent in 4 months.
We both have an oral agreement with the landlord. I am not a subletter. I give my roommate the money and he mails everything to her.
Like I said she is lying and looking for reasons to move me out. Many Landlords have no knowlegde about the rights tenants have and most of them do not find this out until they have violated the tenants rights.
And you’re absolutely certain he’s been mailing your rent to her on time every month? Again, do you have cancelled checks or other proof that she’s been receiving your rent payments? It just seems odd that she’d accuse you of not paying rent when it should be easy for you to show that you have, you know?
Absolutely, and the timing is very, very suspicious, I understand that. I’m not sure it’s enough to win you a lawsuit, without an overt discriminatory statement on her part, but I’m not a lawyer, either. Maybe the fact that she’s not targeting your roommate while she is targeting you is enough evidence, I don’t know. I do hope you get the help you need, I’m just not sure we can give it to you here.
If you tried to make a discrimination case just on the dumb reasons you would lose.
However, the timing is the major part of this problem. She found out I was hospialized for a cerain reason. She no longer wanted me as a tenant. Thats her right. Just properly give me the notice to move out. Had she did this I would be gone. But she did not.
You must not of paid attention to all that was said. Notice I said she said some of the problems where my roommates and mine? Notice I said he is allowed to fix the problems and still live here? Notice I was not given the same rules?
My friend this is how housing discrimination wrongs. If a landlord’s IQ is so low she writes the “do nor rent to whites” as reason to move out, she would lose everything she owns. Therefore, landlords cannot come right and say that. This is where she may have a problem according to HUD. HUD said, "she is really reaching to find reasons to get rid of you.
Ok, so what you’re saying is that she found out you were in hospital with Ebola (or something) and now she wants you out and she’s making stupid excuses to get rid of you - I can fully believe that a landlord would do that.
So, have you spoken to a lawyer? Contacted any of the people at the site I listed above? Has she served you with an Unlawful Detainer, and if so have you responded?
Assuming she’s not nuts, you are a very long term tenant and there is apparently some specific reason she wants you, a (presumably reliable) rent paying tenant, out. You have not given any meaningful reason as to why this is, so all we can do is guess at the outline you have given of the scenario which is kind of silly.
Why (specifically) does she want you out? You have to know. If you are doing something dangerous or annoying she might have good reason to want you to vacate.
Beyond this, based on your description it does not sound like a great place to live. A new place might be much nicer.
Wait, now I’m really confused. You said she wrote the letter on March 28, which you received on April 2nd, to vacate June 30, and that 60 days notice is required in your state. By my calculations, that’s at least *89 *days notice she gave you. More than is considered proper in your area.
Is your complaint that she sent the notice to vacate and the list of reasons in the same letter, rather than as two separate documents? That seems…unreasonable.
I believe (although I’m sort of guessing here) that the OP believes that the real reason the landlord wants him out is due to some sort of health condition he has and is trying to trump up charges against him to get him out of the property.
I further believe that he is suggesting that if he was guilty of an evictable (yah, yah, not a word) offense, he would take his eviction notice and move; however, he believes that is not the case and would like to know if there’s any way to fight it.
HUD, even though they are investigating the complaint cannot stop her from evicting me after June 30, 2011. Thats why I thought I would try here for some information. However, HUD said if she follows through with the eviction once the complaint has been served to her she will be in for huge punitive damages awarded by the court.
But, I just want to keep living like I have for the past 6 years. It’s hard to find a place to live when you have disablities.
I am really glad you figured out what I have been trying to say. Yes all 13 reasons are dumb, that’s why I choose not to list them all.
She has not serve me the unlawful detainer yet. Legally she cannot until July 1, 2011 comes.
That’s what I thought, too, until he posted the part I quoted. He says it’s her right to no longer want him as a tenant, and that if she “given him proper notice” he’d “be gone”. So that’s why I’m confuddled.
The time given is “proper notice” and then some, the only thing that doesn’t seem to be “proper” (going back to the OP) about the notice is that the list of reasons were given with the notice, rather than, “tenant laws state…two notices- a 60 day notice and another notice stating the reason(s) why the tenant has to move out.”
If his outrage stems from getting a single notice with both pieces of information instead of two separate notices, and he’s displacing this outrage to the perception of discrimination, I’m not sure I’m as inclined to believe there’s actual illegal discrimination going on here. It sounds like he’s just as desperate to cling to the letter, rather than spirit, of the law as he’s accusing her of being by hiding this alleged discrimination with a list of trumped up complaints.
Ugh - well that sounds like a craptastic situation and I’m not sure there’s much you can do until after the fact.
What does your roommate say about all this? Is (s)he planning on moving with you? Or staying put? Have you looked for another place?
FWIW, if your rent is subsidized or controlled you may have a better legal footing. I really think you will need to find some sort of legal representation to help you though - many municipalities have a free or low cost lawyer service for people without much money - have you looked into that option? Or does the VA provide any assistance in this regard? I think it’s too complicated to go it alone.
I believe she probably is being discriminatory, which is unfortunate for RADTENN, and kind of stupid on her part, since as a landlord she can legally evict any tenant she chooses if she goes through the proper procedures. She’s making more trouble for herself than she needed to.
No - it looks like in certain circumstances the landlord needs to have a specific, valid reason for eviction (see the list I posted up thread) - San Diego appears to have some specific requirements and there are additional requirements if the unit is subsidized or rent controlled.
If no such reason has been given then I don’t think she’s allowed to give the OP the boot. Of course, I have no idea, sort of getting a lawyer, how he would fight such a thing.
Dude, you’re new here so I’m going to let you in on a tip - almost EVERYBODY on here has some sort of mental problems. Many of them wear it as a badge of pride.
If it was, in fact, a mental health issue that had you in hospital - well, you won’t get shit here for that. If it was something else, that’s ok too.
But really, you’re seeing offense where none exists or was intended. Trust me - if anything Cat Whisperer was commiserating with you (she’s an advocate of those with anxiety disorders, having had one herself).
BTW - unless it’s spam, mods here don’t remove posts.
I did see the list you posted, and nonpayment of rent is the first item on it. Which she claims he isn’t. He claims he is, but apparently has no proof.
I wasn’t trying to be offensive, but you’re right - we don’t need to know the details of what you were in the hospital for to give you the advice that you have requested from us. I’m sorry that I offended you.