Legal Question in Civil Litigation in California
Tenants won't let me fix the apartment!
I'm involved in a lawsuit with my family because they have been trying to steal my property. Currently, they are occupying a unit in my building, which they have completely torn up. They called the housing dept on me and I was given 12 days to make repairs. Now they continue to bar me from property but locking the main gate. I cut this lock, and let the workers in. My family called the police, and in my absence, claimed to be the true owners and the police sent my workers away. Next time, I cut a new lock and I wait w/ my workers for police. Now family presents a totally fake document saying my 24 notice had to be sent thru the lawyers to be valid. Police buy their story. (age discrimination here- I'm 21 and I'm battling my mother- she plays a viticm like a movie star.) She is just doing this to buy time so they will take the building from me. What can I do!? She called housing as if she wanted this unit fixed, but won't let me at it. Isn't there some way her plot can be brought to light? Pigheaded police treat me like I'm the criminal. ALso, she has now illegally moved into another vacant unit and is not even using the one she tore up/reported! She is doing everything she can to make me loose this property! HELP!!!!!!
5 Answers from Attorneys
Re: Tenants won't let me fix the apartment!
Well, to this point it hasn't worked for you ,alone. You would likely have better luck to get an attorney involved and to allow him to review all docs, etc.
Re: Tenants won't let me fix the apartment!
We may be able to help you in this case. We will have to review the lawsuit and other written documnetation you have.
Re: Tenants won't let me fix the apartment!
Prsumably you have every right to enter the property, do you have a lease agreement? Any generally used lease would so provide. In any case, are they paying their rent? whether or not they are paying their rent, they are on a month to month tenancy, short of anything contrary in a lease agreement, and you can terminate their tenancy with 30 days notice to quit. After thirty days notice, you can sue them for unlawful detainer and get a court judgment which orders them evicted, then the Sherrif's office will support your eviction of them. You should move quickly. If there is a lease, the terms of that lease, which probably require reasonable upkeep of the premises, would have been breached, and, therefore, terminable by legal action.
Re: Tenants won't let me fix the apartment!
Hate to tell you, but you are going to need a good attorney and a lawsuit to sort this out. Contact me if interested.
Re: Tenants won't let me fix the apartment!
Is this property located in a rent controlled area? Also, the rules as to statutory notices have changed from 30 to 60 days. If however, rent is not being paid, then you may take an unlawful detainer action after serving 3 day notice to pay or quit. If you are in greater LA area, I'll be happy to help.
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