Legal Question in Landlord & Tenant Law in California
I have a landlady who lives in Hawaii. She recently flew over, walked into my house, demanded that I vacate and called the sheriff to report an intruder in her home. When they arrived she told them she was the resident, that I rented one room from her and that she wanted to kick me out. The sheriffs (4 responded) began by asking if she had begun the legal process and instructed her to do so. One deputy added that she could stay on the premises and invite over whomever she cared too. The sheriff's refused to look at my contract and left us. Within hours four of her friends arrived and the threats soon after.
Since then she has turned off my utilities, forged a three-day notice, broken into my home numerous times and stolen $5000+ worth of property. An unlawful detainer complaint has been filed and I have responded with a motion to quash which is set to be heard on 4/23. I need more help though. The Fresno sheriffs have been called 4 times, to no avail, and I filed for a TRO which the judge denied saying the matter "involves landlord tenant issues, not harassment under CCP 527.6(b)."
The landlord is criminal, the sheriff's ignorant and the judge indifferent. I am for all intents and purposes poor and wish to avoid taking my own "self-help" measures. Where should I go?
Thank you.
2 Answers from Attorneys
If your LL is as unscrupulous as you report, then your best course of action here is to vacate the property as soon as you are able and find a lawyer to sue her for wrongful eviction, constructive eviction, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, conversion (civil theft of your personal property), and any other cause of action an eager and hungry local attorney can think of to help you. You should hoard all appropriate documents as evidence, take pictures, etc. to build the evidence for your case. Good luck....
Would like to see the judge's order.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
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