i have been living in a 3 unit apt for ten years with my husband and two little boys. this is a NO pet apt. and 3 months ago i rescued a little chihuhua and we decided to keep her. she is very quit and calm. and everything was fine until my downstairs neighbors told on me (which they say are very sorry for doing that ) and he showed up at my door and told us the dog has to go. i had been on celexa for a year until i found the dog and slowly came off the pills and my dr. was very happy and told me that the dog probably had something to do with it. i now am going crazy since this morning and dont know what to do. my landlord is an attorney in san diego, who comes by once a month to collect the money from the laundry room.. he does not live on the premises. my neighbors told me go ahead and keep the dog and if he asked we’ll say that she’s gone, but i dont want to lie and be evicted incase he finds out. is there a law or anything that i can do to keep my dog. please advise. tx
Author Archive: Travis Eller
Being evicted i need to know my legal rights and what i can do.?
A little background info about the problem.Me and my 2 other roomates were living at our apartment for a little less than a year. My other roomate who had his name on the lease took it off so for us to stay there we had to add our names to the lease. The management company im dealing with is very disorganized and they are claiming they did not receive one of the forms needed for the application. We paid this months rent and they are saying that we have to move out by the 18th. When i called the management company they were not helpful at all even when i told them we gave them everything. What can i do to fight this eviction what are my legal rights? any help would greatly be appreciated.
I currently live in California. The only person on the lease was my other roommate who moved out but they told us that we could add our names and we gave them all the proper forms and now they are claiming we have to move out.
If I’m getting sued but I’m not the only defendent, do each of us get our own attorney?
I’m a business owner and a customer fell in front of my business 2-3 years ago and is now suing us for damages. This woman is suing not only me but my landlord and insurance company. What do I need to do? Isn’t my insurance supposed to cover these freak accidents? Do I need to hire an attorney? Should I counter-sue?
Does a landlord owe a duty to ensure that a well on the leased parcel always contains water?
I cannot find any authority for whether a landlord is responsible for ensuring that a parcel serviced by a water well always has water (i.e., is responsible for drilling a new well if the water table drops too low.). This is a commercial lease that doesn’t mention a well.
I have searched all California cases as well as all state and federal cases, secondary sources including Matthew Bender Cal. Forms of Pleading & Practice, MB Cal. Transaction Guide, and other treatises, and law review articles. My best guess is that because the covenant of quiet enjoyment does not apply to the actions of people who the Landlord’s other tenants, the actions of the Tenant’s neighbors in pumping ground water and lowering the local water table do not constitute a constructive eviction by the Landlord. Does anybody know the answer or have any suggestions on where else I can look?
Edit: I meant to say, Quiet Enjoyment does not apply to actions by people who AREN’T the landlord’s other tenants.
Also, this is a commercial lease and the premises is not hooked up to any municipal water supply. It is a private well.
Friend is in jail, landlord wants rent, now?
My friend was arrested and is in jail waiting for hearing. she had another “friend” helping her by paying rent, etc. Now the girl is gone and my friend asked me to step in and find out what needs to be done to keep her stuff and her apartment. When I went to the apartment, there was a letter from the landlord via an attorney. The letter states that “only the lessee may pay the rent”, there is a late fee due from the last month, there is a utility bill and the “friend” changed the locks and now the landlord wants a copy of the keys. I don’t know what to do. I want to help my friend but my name is not on the lease and I do not have the new keys. Anyone have any advice on how to go about figuring this out and saving her place? I have limited funds so an attorney is my last resort. Is there anything I can do?
How can i legally get something back that is being held as collateral?
I lost my business and decided to sublease my rental unit. I was on the verge of being evicted from the commercial unit. Iran into an older lady (78) that was interested in renting it. She asked if I would rent her my business computer along with the unit. I did.
About a week into her moving in I got the eviction notice because i was so far behind. She really wanted to stay there so instead of taking her money back she offered to pay the back rent (1500) and in return hold onto the computer as collateral. I agreed.
By the time I had paid 900 she asked if i could do work on her website and put my hours towards the money i owed. I said fine and told her i charge 40 an hour. she sent me TONS of emails. I did the work. She continued to ask for changes and I went ahead and did the work. it started to get anoying because she obviously wasnt aware of the amount of work involved in her site, but i went ahead out of the friendly relationship we developed. It hit a point where she informed me that a previous web designer had hacked her computer and was causing issues for her online business. She told me to just fix that last issue and i would get my computer back. I found no issue. What she said made no sense. I tried to explain that there was nothing wrong with the site and she would not understand. I sort of moved on with other work and it eventually turned into a whole year of no communication. I just recently contacted her asking for the computer and she said no. Her website is damaged and i need to fix it. I have written LONG emails to her explaining the work i did and how i have gone above and beyond and its time to return my computer. She simply return one line emails that say stuff like, :my website is ruined. She doesnt answer me on how to get my computer back. I have had it and want to know whats the best way to get it back. I have with me:
the receipts in forms of emails that i paid up to 900.00
the email in which i told her i charge 40.00 an hour
and over 300 emails worth of changes she has sent me along with return emails saying I completed them
I want to avoid court but I honestly put in over 80 hours into her site I didnt charge her a dime. All i want is my computer back. It was 3 months old when she took it and i still have the receipt. it has legal copies of adobe software and microsoft office on it which was purchased for over 3,000 also with receipts. I really need help. Will the police go to her house and get it for me? will they take my emails as proof? is court better? and if so since i am already going throgh the agrivation of hving to file court docs, should i also sue for wages? HELP!
Accident at home with the landlord stating no insurance available.?
I moved into a rental home 1 mo ago. I told landlord about bad staircase. It is unsafe not to code etc. She ignored it. I then cut the back of my leg on a nail sticking out on steps of stairs. I went to dr and had an infection and had to get a tetnus shot. An attny. advised me to ask landord for her insurance info so I could contact them. She says she doesnt have any. I dont believe it cuz she owns several homes. I told her I would contact the county code people, and she is very upset. How do I go about pursueing this now, not large enough to obtain an attorney.
I’m getting evicted, and there’s so much tape!?
Well, let’s start with making up names for everyone. The three landlords are Dave, Sandy, and Sean. Dave and Sandy have owned this and other apartment buildings for years, and are also husband and wife. Sean is somehow related to them, and is their best friend. He was my friend for a while too.
So, I move in on November of 2008. Getting the rent on-time was a little shaky, but Dave and Sandy were willing to work with me on it, understanding I just got unemployed and was working on finding a job. I finally paid off all the backed rent a few months later, and after that, things are just swell. Sean isn’t a landlord, or even in the picture until mid-late 2009. A nasty eviction gets rid of another VERY RUDE tenant who determinately made sure she burnt her bridges. Then Sean moves in, and becomes the Super. Great! Me and him get along very well, but constant strife between him and the other two tenants is a constant in the environment.
So, great. I go about my own business, Rent’s not only on time, but sometimes even early. Sean became a partner to Dave and Sandy to help run things since they live on the outer edges of town. I keep to myself for the most part, and just do my own thing. My cats became a problem however due to an outbreak of giardia, and I was forced to get rid of them. Complaints about the smell increased by the other tenants as I up-rooted and was cleaning/throwing out/finding things that were soiled by them. During the last few days of getting everything in trash bags and/or laundry bags, I’m served a notice to get rid of the cats and the smell, or get out. [This is when I still had the cats, and was forced to find new homes for them]. So I got rid of them, much to my heart’s malcontent, and set to work cleaning up my apartment as best I could.
Mind you, I live in it daily, so it’s very, very hard for me to smell the smell everyone’s complaining about.
I realize $150 later that cleaning the carpets of the odor simply won’t cut it, so I go ahead by Dave and Sandy’s advice and replace the carpeting, tack strips, padding, EVERYTHING from the living room and the hallway. I maxed out my home depot credit card getting everything I needed, and had the new carpet in close to the deadline of one week that they gave me to turn the place upside down and clean everything. Everything was replaced, except for the living room carpet and padding.
During this time, I was told to go to Sean for more advice if I needed it, being 19 years old and all I don’t know too much. So I did. I got close to 2 times of advice on certain subjects before he became quite verbally abusive with me, at first when we were alone, and then increasing to when I had a friend or colleague helping me.
For instance, he yells at me for “sitting on my [censored] with my thumb up my [censored] doing nothing all day.” The times he favors to do this is after I get back from a 12 hour night-shift, and I try to get some sleep before I go back in that night. According to him, when he was my age he used to “Work 12 hours, go hang with his buddies at the bar, sleep for an hour, and go back to work, and he did that for 14 years!” He’s constantly comparing me to the modern-day him in forms of knowledge on what I’m doing, free time (he’s retired), and financial situation.
The rest of the carpet [living room, hallway] has been put in for a day or so, and Sean tells me he can still smell it in the bedroom, and demands I remove the carpet and padding from there and replace it too. I oblige, removing it all only to discover self-adhesive-carpeting padding layered throughout the entire bedroom, underneath the padding. It’s like they took the stuff, but ripped off the carpet, decided against removing it, and stapled the new padding on the old stuff. I was told [by a Sean with a colorful and angry vocabulary directed at me] to scrape it all up. So I start scraping it up. I get 1/5 of it done, and I get called into work for later that night. I take a nap from noon to 2, and get back to work. I have a friend come over, and he gives me a hand scraping it up. Sean appears outside my window and to quote “This is all you’ve gotten done all afternoon?! You have 24 hours to get this all done, or you’re out of here!” This is a 12X12 area, not too big, but this stuff is thick and very hard to scrape off. We get to work.
It’s done by 1AM, a friend of mine stayed while I went to work to finish it for me. What a buddy. So anyway, I do some finishing touches, and go out to ask Sean if it’s good enough. He starts verbally abusing me immediately. I go back to my apartment, and Dave comes by the building. I ask him if it’s good to go, it is, so I go down to Home Depot, get another gallon of Kilz, and get the bedroom finished by 4 PM, 1 hour to go till the 24 hours is up. I ask Sean if I’m all clear, he says yes. Good! Now I just got to wait
Oh crap! I didn’t know it cut me off. So sorry!!! Anyway, I’ve been told I’m evicted now, none of the landlords will help me with it now, and Sean demands to come in and paint, saying I’m not capable of doing it. What am I supposed to do? I’m gonna let him in to paint, but for the love of cake I’m only 19 and have no idea what my rights are. What am I supposed to do? Do I take them to small-claims? Make a deal to mutually break the contract and leave once it’s fixed?
If god created a perfect world…?
… with no disease or any sort of harmful bacteria or viruses… If these things came from the fall of Adam and Eve being kicked out of Eden… If disease, viruses, bacteria, parasites, and all other forms of life harmful to humans was a result of sin AFTER leaving the garden…
Why did god give humans immune systems?
NOTE: If you say “We developed it after we left the garden” or “God gave it to us after the Eviction” then that means humanity (and all the life in the world that was previously UNHARMFUL to humans) changed. If only they had a word for organisms changing throughout the course of time…
Apostle Jeff: Then why even create Eden and the Tree of Life? By your argument he already KNEW we’d fail, so why not start from outside the garden?
Was I illegally evicted?
Me and three others had a rental house for a 12 mo term(July is the last month). We paid security, first and last months rent at the beginning and were on time with our payments until this month(June) when we only paid half by the deadline. We had a break-in last month so we all opted to move out but since we were still paying for the house we decided to use it as storage and a hangout spot since its on a lake.
Monday June 21st my roommate went to the house to find the locks changed and everything inside thrown outside in the driveway. There was a notice of eviction on the door, but we had not received any prior phone calls or other forms of contact from the landlord about it.
Every time I try to call the landlord she acts clueless and her son takes the phone and threatens to have us arrested for harrassment if we keep calling her. I’m concerned that they’re evicting us illegally since none of us saw a notice to quit or were informed we were being evicted. I just want our money back (3400 in June/July rent and security). What should I do?
This house is in Connecticut. We do not want to live in the house, and we told the landlord we would happily end the lease early but she declined, hence our continued use of the place. I am concerned mostly that none of us recieved a copy of the notice to quit, which I believe is required by CT state law.
I realize that we broke the terms of the lease by not paying full rent, but I’m convinced that they went about the eviction process the wrong way.
I should also note that her son acts like he himself is the landlord and has disliked us since the start of the lease. He spent the first week in an RV outside the house plugged into our electricity(in my name) and when I asked him to leave he was very rude and threatening. He has lied to us in person and over the phone about almost everything and I would not put it past him to do anything illegal at this point.