Part 2 Landlord/Tenant

In My Humble Opinion
41

Today June 13, 2011 the roommate and I were served a 60 day notice to move out.

Very important: The landlord did not state a reason why I have to move out. San Diego does not have rent control instead they have “Tenants Rights To Know.” This protects all tenants whom have lived at there current rental unit for 2 years or longer. To properly end the rental agreement the landlord must state one of 8 (10???) valid reasons to end the agreement.

By not stating a valid or legal reason if she pursues an eviction which would be a “wrongful eviction” the tenant can sue the landlord for damages and punitive damages.

Then there’s HUD.

I think I am going to be here a while because she has no legal reason to end my agreement.

42

Is not one of those reasons, “The tenants are on a month-to-month lease, and I am giving the legally required 60 days notice.”?

I still don’t think we’ve got all the details here.

43

I’m still confused as to why the OP wants to live there so badly. More so now that he can find other arrangements.

44

Still Confused?

Remember I have lived here for 6 years problem free. It has been a great place to live. The only thing that spoiled my happiness was coming home from the hospital to a hostile landlord pissed off off because she heard I was hospitalized. She then set out on an unlawful attack to hve me removed from my home.

Food, clothing and shelter are the 3 basic needs in life. What would you do if someone unlawfully took away your shelter? Just let them have? I bet your answer is you would do everything possible to keep your lawful roof over your head, and your a liar if you say any differently.

Example: You come home from work. Park your car in the drive way. Have your evening meal. Play with the kids. Get ready for bed. Go to bed. Wake up the next morning shit, shower and shave and your dressed to go to work. You tell your family goodbye. You walk out the door with your car keys in your hand and go to unlock the car door? You think oh, I parked in the garage. You open the garage and your car is not there either. What do you do? Just let it go?

Hell no! You call the police report it stolen. You then pursue every legal avenue to find your car. The car is found. Do you excuse the person who stole? Hell no! You press charges for grand theift auto.

This happens daily in our country.

Now I come home from the hospital and someone is taken my house away? Sorry,
I am going to pursue every legal action I can against the thief. So the thief is my landlord? I will put up with the small bump in the road to keep my shelter.

I did not cause this problem. The landlord did. To me justice must be served. She must not be allowed to get away with this. Besides, this is America and there are laws that protect me (al of us) from this type of illegal behavior.

“There’s no place like Home.” Home may be a house to some. Home may be a rental home to others.

What would you do if you went into the hospital for almost 2 weeks, return home for one week still recovering and someone threatens to take away your HOME?

Bet you fight tooth and nail to get your home back, RIGHT?

Well, that’s what I’m doing. The landlord will just have to lie in the bed the she MADE. You reap what you sow! Besides, standing up for what is mine I will be protected according to an agreement we come to settle this. If she violates the smallest thing in that agreement she breached it. Then I will take her to the cleaners.

So, I hope your not still confused. I live here. I am happy here.

45

No, this is not a valid reason in the City of San Diego.

Details: I have disclosed everything. Whether you accept this fact is your decision.

46

This seems odd. What is the point of a month-to-month lease if the landlord can’t terminate it?

47

Some cities are protected by rent control and because of this there are specific ways (laws) in which a landlord can and only can use to end the month to month.

In San Diego a month to month agreement can be terminated with a 30 day notice if the tenant has lived there less than 2 years.

Because of the shortage of housing San Diego protects longterm tenants over 2years by having the landlord state one of the valid reasons in the city code to end the month to month. This reason must be stated in the 60 day notice. If not pursuing an eviction is called a wrongful eviction.

48

From the link I supplied above re California evictions:

I am really amazed that this person has been a landlord for 10 years and doesn’t know how to evict people.

There are still lawful reasons that allow a landlord to evict a tenant. Now that you’re on notice that she wants you gone, you should make sure that you follow your lease to the letter. For instance, I’d quit paying in cash and relying on my roommate to pay the rent on time. If you’ve made modifications to your dwelling that are in violation of the lease, I’d correct them now.

49

Your house?

50

The landlord’s house, RADTENN’s home. I think legally and morally it can be summed up that way.

51

No one is taking your house/home away - you rent the use of the space from your landlord, and she has decided that she doesn’t want to continue that business deal with you any longer. She went about it the wrong way, but she owns the property, not you, and she gets to say who lives in it. Your only real complaint is that your landlady didn’t evict you properly, so it looked discriminatory (which it probably was - she’s an idiot).

52

Exactly. I would think it would be a lot less stressful to rent the new apartment you mentioned a few posts up and start fresh. You are not wanted where you are now, and that is not a healthy environment for anyone, much less someone with medical problems.

53

This part strikes me as odd. So she wants to formally serve notice, so she’s hiring a friend of your roommate to do the deed. Why did your roommate give her names? Seems odd to be helping her if he doesn’t want you to move out.

And yet your roommate is keeping her statused, and helping her serve notice, and prodding you to see if you are making progress. Do you see why people think this is strange, and question his motives?

Tell your roommate that she is legally required to make him move out if she makes you move out, so you will start packing when he does.

54

I honestly think the OP views it as his house and is highly offended the landlady wants him out.

While she might not suceed this time, she can always file for a valid reason and have you out. Just because you’re disable doesn’t make it not her house. If I were the landlord, I’d find some way to legal get you out the next time (if you indeed get to stay this time).

55

I don’t quite understand why the OP wants to stay there either. Obviously there is a lot of stress involved, and both parties would be happier and better off if he moved. Why fight so hard, and in the process make yourself the kind of tenant no one wants, to be in such an unhealthy environment? Even if the OP wins this round and gets to stay there for another couple of months, is it really worth it? After everything is done the landlord will just have more personal reasons why she doesn’t want to deal with him anymore, and will then go about the correct way to get him out of her house. It’s her house, she can say whether or not she wants to rent it anymore, and I imagine that with a month to month oral agreement she can end it pretty easily. IMO it just seems like RADTENN has a vendetta, and is just trying to prove a point. He even mentioned that he might either win the house or win enough damages to buy a house. It seems to me like this is less about the disability discrimination (if there was one, without knowing all the details from both sides I couldn’t say for sure) and more about trying to con someone out of their house (RADTENN trying to take the house from the landlord, trying to force her to let him live there, or trying to get as much money out of her as possible). If she wasn’t discriminating before, she sure as hell will now so she doesn’t have to go through with this again.

56

Most places require good references from previous landlords before they’ll allow someone to rent from them. RADTENN certainly seems to be doing his best to burn those bridges as thoroughly as possible.

He’d be better off working out an agreement to move out without a fight, in exchange for a glowing recommendation for future living arrangments.

57

Uh, link to Part 1 please?

58

QFT.. and his point is to further cement her idea (if we go by the ‘she’s discriminating against him’ theory) that folks like him should be discriminated against.

Look, radtenn, none of us have a dog in this fight other than you.. only you can say whether or not ‘waking up the day after the deadline’ is worth the stress you’ll no doubt be undergoing in the next months, or the impact on your medical condition. But I will say from experience that the wheels of justice do NOT turn quickly, and it rarely turns out the way we envision. I’ve mentioned before on the boards that I had a clear-cut case for unlawful termination (religious discrimination) from a previous job. Witnesses, emails, audio recordings, you name it. I had one of the best-known employment lawyers in the state. In the end they settled the week before we were supposed to go to court, and even though I was ‘in the right’ and got a little settlement for my trouble, if I knew then what I know now I wouldn’t have done it. I lost friends, the process took over two years, I didn’t find another job for over a year, my husband and I fought about all the time, and the deposition process- where opposing counsel and the defendents got to say ALL SORTS of untrue, upsetting things about me- was horrifying. If you don’t want to admit the source of your discrimination claim on an anonymous message board, imagine having to explain it in full, gory, messy detail to a room full of uncaring strangers while a court reporter puts it all down for posterity.

Is all that worth the possibility of getting back at your landlord?

Also, your roommate is not your friend. He does not have your best interests in mind. He is clearly showing you this by his actions- I’m not sure why you’re not listening. Of course, none of us can understand why you’re so insistent on not moving, so it’s probably just one of those things we don’t have enough information on.

59

Am I the only one who has noticed that RAD has been asked about a dozen times now what form his rent-paying takes (cash or check) and he has dodged the question every time?

60

Ask and ye shall receive