Illegal Eviction Lawsuit Grounds
Summary
If a landlord receives rental assistance and still evicts a tenant, it may be grounds for a wrongful eviction lawsuit. Tenants should gather evidence, such as proof of payments and correspondence, to support their case. Consulting a local attorney can provide guidance on potential damages, including loss of property and emotional distress. Additionally, any changes to lease terms, such as unit number changes, should be documented and agreed upon by both parties. Tenants should ensure they are charged the correct rent amount as per their lease agreement.Full Conversation
I want to know if I have grounds to sue for illegal eviction
Hi ****! Could you let me know if the landlord gave you any notice before the eviction and, if so, what kind of notice it was?
A three day notice
In California, a landlord can serve a three-day notice for several reasons, such as nonpayment of rent, violating lease terms, or causing a nuisance. To better understand your situation:
- What was the specific reason given on the three-day notice?
- What was the specific reason given on the three-day notice?
It was for non payment of rent. But here's the thing the landlord had been receiving era the whole time I was living in the unit and was actually paid in full of what was owed from era before the unlawful detainer was over.
Case Rating: *
****, if your landlord was receiving rental assistance (ERA) and still proceeded with an eviction for nonpayment of rent, you might have a case for wrongful eviction. It's essential to gather all relevant documents, including proof of ERA payments.
Would you like more detailed information on California's eviction laws or any specific legal advice on how to proceed with this situation?
****, if your landlord was receiving rental assistance (ERA) and still proceeded with an eviction for nonpayment of rent, you might have a case for wrongful eviction. It's essential to gather all relevant documents, including proof of ERA payments.
Would you like more detailed information on California's eviction laws or any specific legal advice on how to proceed with this situation?
See I went to court, but the landlords attorney asked to talk with me before we went in to see the judge. We made a deal and I never saw the judge. I didn't even know they were getting era for me until they gave me an itemized statement. That's how I found out they were receiving era. They lied on the form ud120
Case Rating: *
****, it sounds like you might have a strong case for wrongful eviction, given that the landlord was receiving rental assistance and still pursued an eviction.
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, can you provide a bit more information about the issue?
****, it sounds like you might have a strong case for wrongful eviction, given that the landlord was receiving rental assistance and still pursued an eviction.
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, can you provide a bit more information about the issue?
Yes
Case Rating: *
****, it might be a high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you provide a bit more information about the issue?
****, it might be a high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you provide a bit more information about the issue?
Yes
Case Rating: *
****, it might be a high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you provide a bit more information about the issue?
What is your phone number?
****, it might be a high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you provide a bit more information about the issue?
What is your phone number?
* *-*
Case Rating: *
Great, ****! I'll need some more details to connect you with local lawyers:
What is your zipcode?
Great, ****! I'll need some more details to connect you with local lawyers:
What is your zipcode?
*
Case Rating: *
****, I need your name to proceed. Could you please confirm your name?
****, I need your name to proceed. Could you please confirm your name?
**** marmelejo
Case Rating: *
Phone: * *-*
Zipcode: *
Reason: The landlord was receiving ERA payments for nonpayment of rent but still pursued an eviction.
Would you like to provide your email address as well?
**** Marmelejo
Phone: * *-*
Zipcode: *
Reason: The landlord was receiving ERA payments for nonpayment of rent but still pursued an eviction.
Would you like to provide your email address as well?
Since the eviction I've been homeless and have lost everything. What would the amount be that I can sue for
Case Rating: *
In California, you might be able to sue for wrongful eviction, which could include damages for:
- Loss of property
- Emotional distress
- Any additional expenses incurred due to homelessness
The amount can vary, but it's important to document all losses. Consult a local lawyer for a precise estimate. Would you like more detailed information on gathering evidence for your case?
In California, you might be able to sue for wrongful eviction, which could include damages for:
- Loss of property
- Emotional distress
- Any additional expenses incurred due to homelessness
The amount can vary, but it's important to document all losses. Consult a local lawyer for a precise estimate. Would you like more detailed information on gathering evidence for your case?
Yes
Case Rating: *
****, to strengthen your case, gather evidence such as:
- Receipts for ERA payments
- Any correspondence with your landlord
- Documentation of losses and expenses
- Witness statements
Would you like detailed steps on how to gather and organize this evidence?
****, to strengthen your case, gather evidence such as:
- Receipts for ERA payments
- Any correspondence with your landlord
- Documentation of losses and expenses
- Witness statements
Would you like detailed steps on how to gather and organize this evidence?
How do I get the court papers from my case
Case Rating: *
To obtain court papers from your case, you can:
- Visit the courthouse where your case was filed.
- Request copies from the court clerk.
- Provide your case number and identification.
You may also check if your court offers online access to case documents. Would you like more detailed steps on navigating the court's document request process?
To obtain court papers from your case, you can:
- Visit the courthouse where your case was filed.
- Request copies from the court clerk.
- Provide your case number and identification.
You may also check if your court offers online access to case documents. Would you like more detailed steps on navigating the court's document request process?
Yes
Case Rating: *
****, here are the steps to request your court documents:
*. Identify the Courthouse: Find out the exact courthouse where your case was filed.
*. Court Clerk: Contact or visit the court clerk’s office.
*. Case Number: Have your case number ready.
*. Identification: Bring a valid ID.
*. Request Forms: Complete any necessary forms for document requests.
Would you like any more specific details based on your location?
****, here are the steps to request your court documents:
*. Identify the Courthouse: Find out the exact courthouse where your case was filed.
*. Court Clerk: Contact or visit the court clerk’s office.
*. Case Number: Have your case number ready.
*. Identification: Bring a valid ID.
*. Request Forms: Complete any necessary forms for document requests.
Would you like any more specific details based on your location?
If the manager changes your unit number mid year isn't that changing your address
Case Rating: *
****, changing your unit number mid-year could be considered changing your address if it affects where you receive mail or other services. However, it's best to check your lease agreement and any notices given by your landlord. Would you like more detailed information on how this might impact your rights?
****, changing your unit number mid-year could be considered changing your address if it affects where you receive mail or other services. However, it's best to check your lease agreement and any notices given by your landlord. Would you like more detailed information on how this might impact your rights?
If the manager changes the unit number would the manager have to draft a new lease agreement
Case Rating: *
If the manager changes the unit number, it might require a new lease agreement or an addendum to the existing lease, especially if it affects the terms of the tenancy. Here’s what to consider:
- Lease Terms: The original lease terms should be reviewed for any clauses related to changes in the unit.
- Written Agreement: Any changes should be documented in writing, either as a new lease or an addendum.
Would you like more detailed information on California tenant laws regarding this situation?
If the manager changes the unit number, it might require a new lease agreement or an addendum to the existing lease, especially if it affects the terms of the tenancy. Here’s what to consider:
- Lease Terms: The original lease terms should be reviewed for any clauses related to changes in the unit.
- Written Agreement: Any changes should be documented in writing, either as a new lease or an addendum.
Would you like more detailed information on California tenant laws regarding this situation?
If the unit number is changed doesn't it make the lease with the old unit number null and void
Case Rating: *
Changing the unit number alone does not automatically void the lease. However, it may require an addendum or a new lease agreement. Here's what to consider:
- Lease Validity: The existing lease remains valid unless replaced or modified.
- Documentation: Ensure any changes are documented and agreed upon by both parties.
Would you like more detailed information on tenant rights in California regarding lease modifications?
Changing the unit number alone does not automatically void the lease. However, it may require an addendum or a new lease agreement. Here's what to consider:
- Lease Validity: The existing lease remains valid unless replaced or modified.
- Documentation: Ensure any changes are documented and agreed upon by both parties.
Would you like more detailed information on tenant rights in California regarding lease modifications?
Can they just change your unit number without notice
Case Rating: *
In California, landlords usually must provide notice for significant changes to the lease, including changing the unit number. Here’s what you should consider:
- Notice Requirement: Landlords generally need to inform tenants of any changes affecting their tenancy.
- Lease Agreement: Check your lease for any clauses about changes to the unit.
Would you like to know the specifics on how to address this with your landlord?
In California, landlords usually must provide notice for significant changes to the lease, including changing the unit number. Here’s what you should consider:
- Notice Requirement: Landlords generally need to inform tenants of any changes affecting their tenancy.
- Lease Agreement: Check your lease for any clauses about changes to the unit.
Would you like to know the specifics on how to address this with your landlord?
What if there is no clause on changing the unit number.
Case Rating: *
If your lease doesn't have a clause about changing the unit number, the landlord should still provide notice and obtain your agreement for the change. Here are some points to consider:
- Notice Requirement: Landlords must inform tenants of significant changes.
- Mutual Agreement: Any changes should be agreed upon by both parties.
Would you like more detailed information on how to address this with your landlord?
If your lease doesn't have a clause about changing the unit number, the landlord should still provide notice and obtain your agreement for the change. Here are some points to consider:
- Notice Requirement: Landlords must inform tenants of significant changes.
- Mutual Agreement: Any changes should be agreed upon by both parties.
Would you like more detailed information on how to address this with your landlord?
The manager got a payment of over$*,* from cal aim for rent owed before the unlawful detainer was over. Can they do that?
Case Rating: *
****, if the manager received a payment of over $*,* from CalAIM for rent owed before the unlawful detainer was finalized, it could complicate the eviction process. Here are the main points to consider:
- Payment Acceptance: Accepting rent after filing for unlawful detainer may affect the eviction case.
- Legal Proceedings: The acceptance of such payments should be disclosed in court.
Would you like detailed steps on how to address this with your landlord or in court?
****, if the manager received a payment of over $*,* from CalAIM for rent owed before the unlawful detainer was finalized, it could complicate the eviction process. Here are the main points to consider:
- Payment Acceptance: Accepting rent after filing for unlawful detainer may affect the eviction case.
- Legal Proceedings: The acceptance of such payments should be disclosed in court.
Would you like detailed steps on how to address this with your landlord or in court?
Also I had a rent subsity voucher. On the lease it says my portion of the rent was$*.* a month. But there charging me $*.*.
Case Rating: *
****, if your lease specifies that your portion of the rent is $*, but you're being charged $*, this might be a violation of your lease agreement. Here’s what you should consider:
- Review Lease Agreement: Ensure the lease explicitly states your portion.
- Document Discrepancy: Keep records of what you are being charged.
- Notify Landlord: Inform your landlord of the discrepancy in writing.
Would you like more detailed steps on how to address this with your landlord or how to file a complaint?
****, if your lease specifies that your portion of the rent is $*, but you're being charged $*, this might be a violation of your lease agreement. Here’s what you should consider:
- Review Lease Agreement: Ensure the lease explicitly states your portion.
- Document Discrepancy: Keep records of what you are being charged.
- Notify Landlord: Inform your landlord of the discrepancy in writing.
Would you like more detailed steps on how to address this with your landlord or how to file a complaint?
If the manager put me in another unit for four months to replace my bathtub is that grounds not to pay rent
Case Rating: *
****, in California, if a landlord relocates you to another unit temporarily for repairs, you generally still need to pay rent unless the lease states otherwise. Here are the key points:
- Lease Terms: Check if your lease agreement covers temporary relocations and rent adjustments.
- Written Agreement: Ensure any temporary relocation and related rent adjustments are documented in writing.
Would you like more information on how to address this with your landlord?
****, in California, if a landlord relocates you to another unit temporarily for repairs, you generally still need to pay rent unless the lease states otherwise. Here are the key points:
- Lease Terms: Check if your lease agreement covers temporary relocations and rent adjustments.
- Written Agreement: Ensure any temporary relocation and related rent adjustments are documented in writing.
Would you like more information on how to address this with your landlord?
There's nothing in the lease
Case Rating: *
****, if your lease doesn't cover temporary relocations or rent adjustments, you might still be required to pay rent. However, you can negotiate with your landlord for a rent reduction during the temporary relocation. Here are some steps you can take:
- Document Everything: Keep records of the temporary relocation and any communications with your landlord.
- Negotiate in Writing: Propose a fair rent adjustment in writing due to the inconvenience caused by the temporary relocation.
Would you like detailed steps on how to negotiate this with your landlord?
****, if your lease doesn't cover temporary relocations or rent adjustments, you might still be required to pay rent. However, you can negotiate with your landlord for a rent reduction during the temporary relocation. Here are some steps you can take:
- Document Everything: Keep records of the temporary relocation and any communications with your landlord.
- Negotiate in Writing: Propose a fair rent adjustment in writing due to the inconvenience caused by the temporary relocation.
Would you like detailed steps on how to negotiate this with your landlord?