Legal Question in Landlord & Tenant Law in California
Illegaly evicted from illegal apt. Part 2
Started this to fill in more details. Look at original post to see details. Thanks very very much for all assistance.
I am not in a rent control city. 60 day notice gives me till 1/23 to leave. Read online it's illegal to be evicted so LL could move in relative and she would need to pay move expenses. True or not? Any other money owed to me? How do I get order for her to pay move expenses, court? Need move 1/23 anyhow because 60 days is up then so is it pointless to worry about 3-day notice and evict? Is my lease void? If so, can she still report me to credit agency? What happens if I do and do not report apt to housing authorities? Would it be better that I did or not? Lastly, she raised rent last year over the phone without giving me 30 days or written notice. Lease says nothing about her ability to raise rent. Can I get refund of the extra money paid? Also, when I became disabled in June I was refused General Assistance funds because she refused to sign papers saying I was her tenant. She told me she wasn't paying taxes on rent money she received and didn't want IRS to know. Does that have any bearing? I won't ask anymore. Am grateful your helping me as it is. Much thanks and happy new year.
2 Answers from Attorneys
Re: Illegaly evicted from illegal apt. Part 2
If you are on a month to month tenancy [which is the case if you had a longer lease but it ran out], the landlord need just give proper notice and can then do anything she wants with the place. If she can move a new tenant in without having to pay your moving expenses, why would she have to pay if that person happened to be a relative?
If it is a month to month tenancy, it expires at the end of 30 days unless the parties agree to extend it by verbally or in writing doing so or the landlord accepting the rent check for the new month. So it seems your lease is over 1/23; I do not know if a credit agency would pay attention to what any private citizen says as opposed to a bank, etc.
To get the excess rent back, you would have to sue her in Small Claims Court. If the Judge felt she was overcharging on the rent he/she might award you some money but the problem is whether an illegal act on top of a more important illegal act [renting the place out] matters. I doubt you can collect for her not saying you were a tenant because I do not see any duty and you could have shown checks [unless she made you pay in cash] to prove you were a tenant.
The best thing would be if a friend could go to her and discuss everything, pointing out all the problems with the rental and that you can not discuss it with her because stress aggravates MS [that is my understanding]. She can not be threatened with being reported to the authorities as that could be seemed blackmail. You have to figure out what you want from her so that you can start higher and bargain down to that figure. I doubt she will give in, but it is worth a try. You may have to e-mail or write her instead.
Good luck. Happy New Year.
Re: Illegaly evicted from illegal apt. Part 2
Ditto to first answer (Part 1). You are lucky to have a wise and kind man (Mr. Shers) donate his time, learning, advice, and experience to you.
Again, follow the advice!
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