Legal Question in Landlord & Tenant Law in California

Eviction Fraud?
I had a written rental agreement for four years-$800 on the first- it then went to $900, but I could pay ''toward the middle'' of the month (oral, two years ago). In Jan., he posted a 3-day or Quit the same day he cashed the check. After reminding him of our agreement, he took that notice back and then turned right around and posted another for Feb.- Rent was due on the first, he said, period. I've got a years worth of cancelled checks showing payments from the 5th-25th. When we went to court, I saw he filed a ''fake lease'' with his papers, and I watched him as he perjured himself regarding the facts. I got evicted- just like that. Has anyone ever sued their landlord for this type of harrassment...Can You?

Asked on 3/29/04, 9:31 am

2 Answers from Attorneys

Robert Restivo Restivo Law Firm

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Re: Eviction Fraud?

Howdy:

If the rent is due on the first, it's due on the first. If he allows you to pay late, and accepts the payment, it does not change that you paid the rent late.

Be glad he didn't charge a late fee, which the lease probably provided for.

If the lease provides for a grace period, then the payment wouldn't be late before the end of the grace period.

But, I assume you didn't pay within the three days.

He may have perjured himself, but unless you have absolute, documented proof, and unless there is a written transcript of the hearing, there's no way to pursue it. I would suspect that there wasn't a court reporter, and that the only record is the judge's notes.

If you have proof of the perjury, you may want to write a letter to the judge, letting him know what the landlord said, and showing the proof that it was a lie. But, be careful. You certainly don't want to be sued for libel.

rkr

Answered on 3/29/04, 6:01 pm

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