Legal Question in Landlord & Tenant Law in California
My landlord is harassing my girlfriend and myself. She never put my girlfriend on the lease over a year ago. Will not give us a copy of the lease. Her son is a peeping tom. We have documented all of the incidents and want to sue the landlord. There are many other major incidents. Her son call the police on my girlfriend for no just cause. Landlord has been slanderous. Have never had a NSF and she is now making me pay by money order. She also has had my security deposit for 4 years, can i get interest on that money.
1 Answer from Attorneys
Without more facts, it is impossible to address much of what is in your post. I recommend you meet with a tenant's rights attorney in your area to discuss this further. As to the issue of not putting your girlfriend on the lease, it is important to know if she applied with you when you first moved in, or are you trying to add her after you moved in. A landlord does not have to accept as a tenant anyone if it is after the lease was originally executed, but again, it would require more facts to really address. Second, as to the issue of providing a copy of the lease, yes she was required to do so when it was entered into, but as far as I know there is no penalty in the statute for failing to do so. As for the son being a peeping tom - report him to the police. Much of this is going to come down to what you can prove, what the judge hearing the case believes, and finally, once you sue your landlord, understand that right or wrong, your situation is going to get much worse before it gets better.
As to the requirement that you pay by money order, was a written notice of change of terms of tenancy ever give to you requiring you to pay by money order? I don't believe she can make that one fly. Finally, as far as your security deposit, no, she is not required to pay interest on it, and no, you cannot get it back until you move out, and then it is subject to deduction for cost to repair any damage that exceeds normal wear and tear, and for cleaning.
If you want my honest advice - move. After living there for four years, you probably have only a month-to-month lease, which offers you no protection except that you have the right to live there one month at a time. At any point, and with no reason whatsoever, she can give you a sixty day notice to terminate your tenancy, and you will have no grounds to fight her terminating your tenancy. While I fully understand that you feel that she has treated you wrong, sometimes being right is not enough - do you have the money, time and fortitude to fight her in Court for one to two years, and at the same time defend the eviction that is almost certainly going to come your way once you sue her? I really am not being sarcastic when I suggest moving might be your best option. I do wish you good luck.
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