Legal Question in Landlord & Tenant Law in California

Harrassing tenant skips out before Police come,claims Constructive Eviction

Rented out a room in my house tenant signed a month to month agreement,and verbally advised he would be here 3 months.After moving in I found out he was here working illegally.14 days later he gave notice,and became agressive,yelling and throwing a fit when reminded that move-outs had to be completed at the end of the month.He said he lost his job and could not obtain legal status so he had to leave the country.I asked him to produce some id and he refused. His aggressive,intimidating behavior made me nervous, I called the police,he packed up his stuff and ran out before the police came. 2 weeks later I get a letter from an attorney accusing me of ''wrongful,constructive eviction and breach of the lease.'' Also of ''illegal discrimination and harassment in housing accommodations''. Which is completely absurd. They have said that by my asking him to produce id I discriminated on him based on his national origin.Upon leaving he said ''are you going to let me leave'' I said as long as you understand that you are leaving at your own discretion'' he said yes I understand and I'm sorry it worked out this way. He was gone within 25mins of me calling the police.I just lost my husband 6 weeks ago so any help would be greatly appreciated.Thanks.


Asked on 11/03/05, 4:57 pm

2 Answers from Attorneys

Randy Schlosser Law Office of RM Schlosser

Re: Harrassing tenant skips out before Police come,claims Constructive Eviction

You need to consult an attorney on this issue as wrongful and constructive evictions are difficult areas of the law. If you are in the San Bernardino, Riverside or Los Angeles Counties feel free to contact my office to schedule a consultation.

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Answered on 11/06/05, 12:38 am
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Harrassing tenant skips out before Police come,claims Constructive Eviction

I'm not quite sure what your question is. You didn't ask the tenant to leave because he has an illegal alien. He said he was leaving on his own. Therefore, I don't understand the letter from his lawyer. It is the tenant who breached the lease by becoming abusive. You should call me if you need any further advice. Good Luck.

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Answered on 11/03/05, 6:46 pm


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