Legal Question in Landlord & Tenant Law in California
sexual harrassment
My landlord has been harrassing me for the past three years for sex. I used to work as an escort, a fact of which he is aware of. he has told me on numberous occasions that I should ''service'' him as it was his ''fringe benefit'' due to the nature of my past employment. He has even gone so far as to have a sign made up that he posts in his window (he lives directly below me) that states ''due to the high nature of prostitution in this area, you are being videotaped''. This sign is what ANY visitor that I may have over sees before coming up to my apartment. he is now evicting me due in part to his not liking my ''lifestyle.'' and gives me a hard time whe;never I have a male come within 50 feet of my place, calling them tricks and theatening me wit6h eviction. he has a partner in this property whom I have contacted on several occasions to complain about this behavior. The last time I spoke to him he told me ''why don't you just take care of him? It is after all what you do, so why not jsut handle it?'' He has given me a few books as well...one being ''The Picture Book Of Oral Love'' , the other ''101 massage techniques.'' He has defamed my character telling anyone who will listen about the hooker whom he rents to.
4 Answers from Attorneys
Re: sexual harrassment
Mr. Shers has given you a very comprehensive answer, to which I can subtract nothing, and add very little.
If you don't know any attorneys in your area, you should look up the State Bar's lawyer referral service, which will put you in touch with an attorney for a reasonably priced consultation.
Also, the time element raises a glaring question. Why did you not do something for a three year period? Why did you not move?
Re: sexual harrassment
Have you taken an photograph of the sign in the window? If not, do so immediately. What is your occupation now? Something said is not defamatory unless it is untrue at the time the statement is made and the person speaking knows it is untrue. Does the landlord know that you are no longer an escort? Do you want to stay in your apartment? The time frame for an eviction is extremely fast. You only have 5 days to respond in court after being served with papers. (This is calendar days and therefore includes the weekend). Your response to file in court would need to include a defense of retaliation for refusing to submit to sexual advances. If you would like more information, please contact our office immediately.
Re: sexual harrassment
You have a case for , sex discrimination, defamation and perhaps a defense for retailiation. Had you offered to pay the rent? Contact me directly.
Re: sexual harrassment
I am sorry that you are being put through the sexual harassment. You did not ask a specific question, so guessing at what you might want to know.
You probably could file a complain to with the FEPC as to behavior in tryig to evict you. Also look if there is any local rent control ordinances. You can sue him, his partner, the partnership, and any other owners of the building for the sexual harrassment. part of you claim may be barred by the Statute of Limitations [I am not sure what it is] so you should see a local attorney who handles that type of case ASAP. The sign is likely legal because on its face it is not aimed at you. He is, however, committing extortion, although I do not know if your local police wuold do anything about it. He is slandering you by telling others you are a hooker and you might get substantial damages,especially if that as scared off potential boyfriend, employers, etc.
Look for an attorney, look for another place to live, considering raising the argument of constructive eviction from the unit. You may have a good lawsuit with a lot of potential damages, but there will be no insurance company to pay on his behalf unless you can bring in a cause of action for negligence [which might be his partner's behavior in not stopping the harrassment]and owners'assets might be limited tothe value of the apartment building.
Good luck.