Eviction

just wanted to get this somewhere i could refer to it.

2011-02-15

 * I took posession of a rented room, paid a prorated rent for February and a deposit of $800.

2012-09-25

 * I contacted the landlord's agent (Agent, from now on) about house chores and some tension between a housemate and I. I received no response about this issue.

2012-09-25

 * Hot water heater breaks.
 * Agent receives many notices from the 7 people living here.
 * Agent sends email to update housemates the issue is known.

2012-09-26

 * I attempted to re-light the pilot, without success, emailing Agent of my intention.
 * Agent was under the impression I was successful, because I mis-mailed my followup.
 * Several housemates confirm, by email thread, that hot water is still broken.
 * Landlord stops by to check on it.

2012-09-27

 * Landlord claims issue will be fixed today.
 * Landlord claims 2 repairmen came to fix, couldn't fix, so they tried to fix it.
 * Agent informed us the issue would be resolved on Saturday (2012-09-29)

2012-09-28

 * I discovered the hot water heater had been dis-assembled in the garage, with all the warning labels ignored.
 * I took photos of the botched repair attempts.
 * I sent an email to the landlord(s) and Agent, as well as housemates, including the photos and expressing my displeasure at their attempts to remedy the situation.
 * Agent emailed me directly and told me to address issues directly with them.
 * Agent threatened me about my previously admitted use of marijuana on the property.
 * I addressed Agent's concerns about my marijuana use, informing her I would stop smoking on the premises.
 * Agent replied, thanking me for respecting her wishes, told me I was a 'great tenant' (her words)

2012-09-29

 * Hot water heater replaced and working again.

2012-09-30

 * Agent contacts housemates, asking to leave rent checks in the usual spot.
 * I asked Agent if it would be alright if I paid $750, instead of $800, for the 5 days without hot water.
 * Agent replied telling me they do not pro-rate except in the event of moving in and moving out.
 * I replied, emphasizing I was only asking for $50 and that the law, through the repair and deduct remedy 'should' allow me to claim more, up to $133, 5 days rent.
 * Agent responded by giving me a 30 day notice to leave, via email, in retaliation for my request.
 * Agent also claimed 'recent differences' in addition to withholding rent as reason for notice.
 * I decided to take my rent check (made out for $750) from the drawer, until I could resolve the issue with my landlords.

2012-10-01

 * Agent contacted me about my rent check not being in the drawer.
 * Agent told me I had 3 days to make payment, before incurring penalties for 'late rent'.
 * Agent told me I had 2 options; 1. not pay and be evicted, and have the rent taken out of my security deposit, 2. reduce my check to $667 and leave my rental property by the 25th of the month (prorated).

2012-10-04

 * Agent emailed me to let me know I am 3 days delinquent in payment.
 * Agent says they will file a 3 day notice to quit, 'forfeiting' the 30 day grace period she 'allowed' me.
 * Agent told me a 60 day notice is only valid for non-month-to-month renting.
 * Agent stated if I am incapable of payment, I need to let them know, to avoid a $20 'late fee'
 * Agent threatened me with a sheriff escort and reporting me to credit bureaus.

2012-10-08

 * I emailed my landlords explaining why I was withholding rent; repair and deduct remedy and because the premises were not fit for renting, due to a lack of hot water.
 * I offered another settlment; allow me to stay until 2013-01-01 rent free.
 * Informed landlords I felt unsafe in my home, because they were not acting rationally.
 * Indicated I would file a case against them for retaliatory eviction.
 * Later, I discovered it may not be valid to withhold rent after an issue has been resolved.
 * I capitulated, paying my rent, and sending landlord's an email.
 * Rent is collected, and I am paid in full.

2012-10-19

 * Agent contacts me asking me when my move out date is, so they can schedule a walk through.
 * I responded, asking which move out date they were referring to.
 * Agent told me that the rental agreement allowed for either party to terminate the lease with a 30 day notice. There is NO such clause in the rental agreement.
 * Agent also indicated they are retaining legal counsel and that they will proceed with eviction procedures, 'if necessary.'

2012-10-22

 * Unknown party contacted me, stating they represent my landlords
 * I asked the unknown party; 'Who exactly are you?'

2012-10-25

 * Unknown party identifies themselves as legal counsel for my landlords.
 * Unknown party is apparently a lawyer from New York City.
 * Unknown party is not recognized by the California State Bar association.
 * Unknown party again requested I contact them by phone.
 * Unknown party indicated they were beginning legal proceedings against me.
 * I informed them I do not believe they are eligible to practice law in the state of California.
 * I asked for clarification of what legal proceeding they were referring to.
 * Unknown party again requested I contact them by phone.
 * I told them I am not interested in speaking without some sort of record of the conversation.

2012-10-30

 * I put my $800 check for November rent in the usual collection location.

2012-11-01

 * My landlord files an Unlawful Detainer against me.
 * Landlord attempted to enter my room at 08:15 PST, without my permission.
 * Contacted 'counsel' to advise her to inform her clients they are not allowed to enter my room without my explicit permission.
 * 'Counsel' advised me that since the Unlawful Detainer has been filed against me, I do not have the right to privacy or to defend myself in my home.
 * I informed 'counsel' that an Unlawful Detainer does not allow a landlord access to the property.
 * I contacted a lawyer.
 * Attorney provided me with paperwork to respond to the UD.
 * My friend mailed the answer to my landlord's UD to my landlord; as the law requires a 3rd party.
 * Landlord had someone serve me a second copy of the UD

2012-11-02

 * Filed my answer to the unlawful detainer with the Superior Court.

2012-11-06

 * Retrieved my un-collected rent check from the drawer; Landlord refused payment for month of November.

2012-11-15

 * Received my court date from Santa Clara County Superior Court

2012-11-30

 * Judge ruled in favor of the defendant; my landlord did not follow the proper procedure.

2012-12-01

 * Agent emailed me indicating I need to pay rent for November and December.
 * Agent told me that they will file a new 30 day notice (still not legal, has to be a 60 day notice)
 * Agent indicated they want me to re-sign a lease with a provision for a 14 day 'notice to quit' for any reason, by either party.