USAC Banner 728x90

Collapse

Announcement

Collapse
No announcement yet.

Fighting a UD case in California

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Fighting a UD case in California

    I rent a room from a person who is subleasing rooms he rent the house from the owner and he rents out the other rooms in the house . There is no lease or rental agreement between me and the subleaser or the owner I got a 3 day notice thier saying due to nonpayment of rent for 3 months. (i have 1 rent receipt its for one of the months listed on the 3dat notice) on the 3day notice it states nonpayment 3 months 375.00 each month. Rent receipt is 400.00 there is another document saying my rent is 400.00. There is a court date for the UD i filed my answer the date is april 18 the defective was just notice a few days ago was informed that i need to ask for a junction or movement (something like that) and make sure it within the five days before the court date cause i wont be able to bring it up at the court date this is what i was told pls if anyone can help me with what i need to do and by when. Also they have been making my life miserable turning off all the cpower in the kitchen cant cook no lights they even lock the bathroom door so i cant use it. turning off the water when im in the shower they stole my keys and so they lock the main gate so i cant come or go have to climb in my window to get in is there something i can do can i sue them for harassment ive call the building inspector out he took a report and sent it to the owner (the owner knows whats going on and say nothing)
    Beverly @}~~~

  • #2
    Re: 3 Day Notice has a defective (wrong amount of rent)

    I wish to inform you that you file an application seeking injunction against other party that you should not be evicted if you feel that you can be evicted while litigation is going. Further if the matter is already in court then you can file your reply in which you can mention that facts are incorrect because you have not defaulted for 3 months and there is rent receipt. You can seek summary judgment against other party and have the case dismissed.

    AFF

    Comment


    • #3
      Re: 3 Day Notice has a defective (wrong amount of rent)

      Originally posted by AFFA View Post
      I wish to inform you that you file an application seeking injunction against other party that you should not be evicted if you feel that you can be evicted while litigation is going. Further if the matter is already in court then you can file your reply in which you can mention that facts are incorrect because you have not defaulted for 3 months and there is rent receipt. You can seek summary judgment against other party and have the case dismissed.

      AFF
      Thank You so much i wish i found this site when this all started .somtimes i dont understand what im reading so please and thank you for your understanding and patiences.so if i think that they will evicte me while im waiting for court date that i should file an application seeking injunction against other party? and the second there is a court date set already so do i file my reply now and where do i file my reply.
      thank you Beverly M
      Beverly @}~~~

      Comment


      • #4
        Re: 3 Day Notice has a defective (wrong amount of rent)

        Originally posted by bevjmartinez View Post
        I rent a room from a person who is subleasing rooms he rent the house fron the owner and he rents out the other rooms in the house . There is no lease or rental agreement bewteen me and the subleaser or the owner I got a 3 day notice thier saying due to nonpayment of rent for 3 months . ( i have 1 rent recpit its for one of the months listed on the 3dat notice) on the 3day notice it states nonpayment 3 months 375.00 each month. Rent reipt is 400.00 there is another document saying my rent is 400.00 . There is a court date for the UD i filed my answer the date is april 18 the defective was just notice a few days ago was informed that i need to ask for a juction or movement (something like that) and make sure it within the five days before the court date cause i wont be able to bring it up at the court date this is what i was told pls if anyone can help me with what i need to do and by when. Also they have been making my life misable turning off all thecpower in the kitchen cant cook no lights they even lock the bathroom door so i cant use it. turning off the water when im in the shower they stole my keys and so they lock the main gate so i cant come or go have to climb in my window to get in is there somthing i can do can i sue them for hassment ive call the building inspector out he took a report and sent it to the owner ( the owner knows whats going on and say nothing )
        Originally posted by bevjmartinez View Post
        Thank You so much i wish i found this site when this all started .somtimes i dont understand what im reading so please and thank you for your understanding and patiences.so if i think that they will evicte me while im waiting for court date that i should file an application seeking injunction against other party? and the second there is a court date set already so do i file my reply now and where do i file my reply.
        thank you Beverly M
        You've already filed your response. The April 18th date that you have been given, is that for the trial? If so, you have some work to do before then.

        You need to prepare a proper defense. Gather any and all evidence you have of the allegations you're making. Obtain a CERTIFIED copy of the inspection report from the building inspector's office. You might even want to subpoena the inspector to testify in court as to what they observed. Bring police reports in support of the lockouts you are claiming they did. Bring witnesses who can testify as to what happened.

        As for the issue with the 3-day notice, I'm not so sure you can actually defend that as well as you hope. Yes, the notice must list the proper amount of rent owed, but in your case, it actually lists an amount that is LESS than what you are saying was owed per month. That's not going to be favorable. In addition, you only have ONE rent receipt for the period in question proving that you paid the rent the LL is saying you didn't pay. The LL won't be the one to prove you didn't pay, YOU'LL be the one having to prove you DID pay. Without complete and accurate receipts, you won't be able to do that. If you have even ONE missing receipt, that may provide enough support to prove to the court's satisfaction that you didn't pay.

        Honestly, your best bet here would be to hire an attorney to fight this eviction situation. It's a bit late in the game, but an attorney would be best able to prepare a defense that would be more effective. I'll send you a PM with further info you can use.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

        Comment


        • #5
          Originally posted by sandyclaus View Post
          You've already filed your response. The April 18th date that you have been given, is that forp the trial? If so, you have some work to do before then.

          You need to prepare a proper defense. Gather any and all evidence you have of the allegations you're making. Obtain a CERTIFIED copy of the inspection report from the building inspector's office. You might even want to subpoena the inspector to testify in court as to what they observed. Bring police reports in support of the lockouts you are claiming they did. Bring witnesses who can testify as to what happened.

          As for the issue with the 3-day notice, I'm not so sure you can actually defend that as well as you hope. Yes, the notice must list the proper amount of rent owed, but in your case, it actually lists an amount that is LESS than what you are saying was owed per month. That's not going to be favorable. In addition, you only have ONE rent receipt for the period in question proving that you paid the rent the LL is saying you didn't pay. The LL won't be the one to prove you didn't pay, YOU'LL be the one having to prove you DID pay. Without complete and accurate receipts, you won't be able to do that. If you have even ONE missing receipt, that may provide enough support to prove to the court's satisfaction that you didn't pay.

          Honestly, your best bet here would be to hire an attorney to fight this eviction situation. It's a bit late in the game, but an attorney would be best able to prepare a defense that would be more effective. I'll send you a PM with further info you can use.
          Thank you for replying to my issue.
          As soon as i got the 3 day notice I was looking for help then when I got that I went I've call I've called always every low income Agency for example legal aid, action of Defense
          Beverly @}~~~

          Comment


          • #6
            Fighting a UD case in California

            Oakland, Cailf. This is another question what to do with the 3 day notice that i posted on march 30th i have a court date set for april 18 th for the UD. my question is everyone has moved out of the house including the person that was subleasing 4 of the rooms in the house he was renting from the homeowner and we were renting from him now does he still have the right to ask for the non payment of rent that supposedly i didnt pay (in which i have paid and have a rent receipt to prove) everyone but me was told they had till the end of march to move out i found out 2 days before from one of the other renters i need to know what i need to do pls i know i should win this case but i need to know what i need to have to go into court with agian my court date is april 18 2013

            t
            Thank You Beverly
            Beverly @}~~~

            Comment


            • #7
              re: Fighting a UD case in California

              I wish to inform you that you may conduct Discovery through admissions, disclosure, interrogatories and production of documents. In the court you may show the paid rent receipt and provide such other evidence to support your view point. You may also claim damages and costs on account of the unlawful detainer (UD) case. The court will consider all the facts and decide the matter.

              AFF

              Comment


              • #8
                UD court date apirl, help needed, lost and confused

                Have 2 questions
                1) the person who was renting the house from the home owner is the one who is filing the UD against me he has moved out the owner is moving back in her house with her family ( i also will be moving out) does the subleaser still have the right to take me to court (for supposedly nonpayment of rent - i have rent receipt)
                2) if so do i ask for a dismissal of the case am i supposed to ask for this before the court date or can i show prove and give my statement at the time of court date
                Since february ive been search making phones (legal aid and other low income agencies all i get is sorry dont cases like that (tenant trying to evict a tenant) i know that i should win this case but i also know u have to do it the courts way that where i get lost and confused court date april 18th
                Beverly @}~~~

                Comment


                • #9
                  re: UD court date apirl, help needed, lost and confused

                  We have no idea what state you are in or if the tenant had the legal right to sublet.
                  Due to a recent promotion, I should now be referred to as Major Obvious.

                  I would not be trying to provide information and knowledge if I did not sympathize.

                  Some days it is just not worth chewing through the restraints to face life.

                  Comment


                  • #10
                    Originally posted by Disagreeable View Post
                    We have no idea what state you are in or if the tenant had the legal right to sublet.
                    Im in oakland calif. The homeowner knew he was subleasing the other rooms not sure what u mean by legal right.
                    Beverly @}~~~

                    Comment


                    • #11
                      re: UD court date apirl, help needed, lost and confused

                      Originally posted by bevjmartinez View Post
                      Im in oakland calif. The homeowner knew he was subleasing the other rooms not sure what u mean by legal right.
                      Since the property owners knew and allowed the tenants to sublease to you, then yes, the tenant (who was your LL) is entitled to the rent you never paid them. They are allowed to sue you to recover that rent you never paid.

                      If you have proof that you paid the amount of rent that was due, then you present that in court to show that they have no cause of action against you.
                      "If it ain't in writing, it never happened."
                      "A lack of planning on your part does not constitute an emergency on my part."
                      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                      Comment


                      • #12
                        UD court date different - California

                        My papers for a UD court date says april 18 on april 14 i recieved in the mail a letter stating on april 11th i was a no show and i forfeited how and what do i do to fight this pls help i live in calif
                        Beverly @}~~~

                        Comment


                        • #13
                          Re: UD court date different - California

                          Originally posted by bevjmartinez View Post
                          My papers for a UD court date says april 18 on april 14 i recieved in the mail a letter stating on april 11th i was a no show and i forfeited how and what do i do to fight this pls help i live in calif
                          At this point, you really need to consult with an attorney who can look over ALL of your papers and figure out what happened. All we are getting here are bits and pieces and it's impossible to tell from what we are being told here.

                          You are welcome to consult one of our WORLD Law Direct attorneys for that: Ask A Lawyer - WORLD Law Direct
                          "If it ain't in writing, it never happened."
                          "A lack of planning on your part does not constitute an emergency on my part."
                          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                          Comment


                          • #14
                            Re: UD court date different - California

                            I wish to inform you that the provisions of California Code of Civil Procedure sections 473(b), 473(c), 473(d) and 473.5 will have jurisdiction in the matter. They specify the most common grounds upon which you can base a motion for relief of default or default judgment. You may contact the office of the Clerk of Court to seek further guidance in the matter after explaining your situation.

                            AFF

                            Comment


                            • #15
                              Re: UD court date different - California

                              Originally posted by AFFA View Post
                              I wish to inform you that the provisions of California Code of Civil Procedure sections 473(b), 473(c), 473(d) and 473.5 will have jurisdiction in the matter. They specify the most common grounds upon which you can base a motion for relief of default or default judgment. You may contact the office of the Clerk of Court to seek further guidance in the matter after explaining your situation.

                              AFF
                              The clerks are prohibited by law from giving legal advice. They can simply tell you what the file says - they cannot tell you what to do from there. It is for that reason that I suggested that you obtain a copy of ALL relevant documents (get a copy of your case file documents from the clerk's office) and take them to an attorney to determine your next step.

                              Note that if a default judgment was issued against you on the 11th, you will have EXTREMELY LIMITED TIME in which to do anything before the Writ of Possession is issued and served to have you removed from the property by the Sheriff. Time is of the essence, so get moving - IMMEDIATELY.
                              "If it ain't in writing, it never happened."
                              "A lack of planning on your part does not constitute an emergency on my part."
                              "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                              Comment

                              Previously entered content was automatically saved. Restore or Discard.
                              Auto-Saved
                              Stick Out Tongue :p Smile :) Mad :mad: Wink ;) Frown :( Big Grin :D Confused :confused: Embarrassment :o Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                              x

                              the color of snow is... (write the answer twice with an "@" between the words)

                              widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                              Working...
                              X