Legal Question in Landlord & Tenant Law in California
I am a disabled tenant who gets Section 8 Housing Subsidy and I live in a rent control building in Hollywood, CA.On February 28, 2009 I was served with a 90 Days Notice of termination of tenancy. The landlord said that my section 8 is creating economical hardship on him and, if I wish to stay after June 1, 2009 I would have to pay the full amount of rent without the Section 8 housing subsidy.
I sent him two letters, inone I told him that I don't agree in the changing of terms of our rental contract, and by me staying after June1, 2009 does not mean that I agree with him, and that I will continue to pay my share of the rent and the Section 8 will continue to pay the portion of the rest which is subsidized. I also sent him a reasonable Accomodation Request asking him to continue to accept my section 8 voucher as a reasonable accomodation to my disability, considering that will not cause an undue burden on him because many other tenants from my building also receive section 8 subsidy and none of them got the 90 days notice.
The landlord has denied to grant me my reasonable accomodation request and on June 5, 2009 he filed for an Unlawful detainer against me. On June 1, 2009 I sent him my portion os the rent and the landlord has returned it to me.
Legal Aid Foundation has responded to the UD and came with me to court on July 8, 2009. At the court the landlord asked for a continuance and I agreed to one reluctantly. The next hearing was on August 26, 2009.
I went to the hearing on Wensday and the landlord again asked for a continuance, after I rejected his monetary offer to leave the unit and other conditions if I chose to remain in the unit without monetary compensation. I did not agreed to one this time and as a result the landlord's attorney dismissed the case without prejudice.
Yesterday I got a letter from the landlord along with a rent receipt for August 2009. In the rent receipt it showed that he accepted the rent from me and from Section 8. He is telling me in the letter that from September 1, 2009 He wants me again to pay the full rent without the section 8 housing subsidy and he is also asking me to resend him my portion of the rent for June 2009 and for July 2009, which he previously sent back to me.
My question is: Legaly,Do I have to give him the my portion of the rent for June and for July after he returned it to me and he filed for an UD against me then he dismissed the case when I was ready to go to trial? On the August 2009 rent receipt Under the Amount Outstanding he put 0.00.
I also want to point out that he told to my legal aid attorney on Wensday that after the dismissal without prejudice the landlord will serve me with a proper notice then he will refile for the Unlawful detainer against me.Isn't this harassment?
Also, if he accepted the rent money from section 8 and from me for August 2009, doesn't that cancel the previous 90 days Notice?
Please help me! The legal Aid is no longer representing me because the landlord has dismissed the case and as of today there is no case pending.
1 Answer from Attorneys
If the landlord were trying to evict you on the basis that you had failed to pay the rent, then his accepting any part of the rent for a month in question would negate the three day notice. But if he is giving you a thirty day notice of his election not to renew the lease and asking the court to insure your vacating the premises by the end of the thirty day period of time, he has not yet received any rent as none is yet due.
Find out from him, trying to get it in writing or in front of someone who could prepare a declaration for the court as to what was said, why he feels Section 8 as to you is causing him any type of burden. Do not argue with him, merely state you want to be clear in your own mind as to what he is objecting to and so that you can see if you can resolve any of the problems. See if the problems can be solved. Then try to check with the other tenants who use Section 8 if they have the same factors but he does not complain about them; get declarations from them [no one will probably give you anything, but try the Section 8 agency to see if they can state your situation is no different than any other Section 8 person].
It is not harassment to refile a dismissed suit if you honestly believe the suit has merit, especially if you now think that service of process was defective.
As to the rent you offered to pay for the tewo months but he returned your checks, tell him that for at least the time being you will not re-send the checks because you do not know home much he owes you in damages for his suits against you and how much you would be awared by the court, and that all you are required to do is tender the rent and if he refuses to accept it that does not change the fact that you fulfilled your duty as to the rent.
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