On Monday I went to the court house to visit Legal Aid and with their help, turned in my response to the eviction notice. They said mythe delay of my unemployment checks didn't constitute a legal defense. And since I didn't respond in writing to my landlord about what was going on, I didn't have a leg to stand on - legally.
BUT, since going on unemployment there were a couple of months since January that I needed to pay my rent piece-meal because of delays and the landlord was good with it. We didn't put it in writing, we had almost a decade of good relations. I just called and either spoke to him or left a message. We didn't have an adversarial relationship. In fact, over the years he's hired me to interview and show the apartments in the building. Most tenants assumed I was the manager. He's even called me from vacations to ask me to let people into the building and would I be available to do this or that, and rather than charge him I figured I'd accumulate good will.
Well I went to court filed the papers to go to court and was told, that I'd receive a court date in 2-3 weeks and at that time if I won - meaning my rent would be accepted or if not and I lost then I'd be given 7-9 days to vacate. The Marshalls will show up and give me 5 minutes. After which, the door will be locked and anything inside will be the landlord's property.
I've received letters from people saying as landlords it's been impossible to get LOUSY tenants out. And told that somehow I stretch this out for months...but all I know is what this piece of pape I was given says, "Go to court in 2 -3 weeks, lose and be gone in a week." Does anyone know any different? Does the judge have any ability to "make" or cajole an unwilling landlord to not make a tenant who has the means to pay rent... HOMELESS in this economy of all economies?
I can't get an answer and I don't have $500 to consult an attorney. Legal aid doesn't give legal advise, they just hand out forms, as I've discovered. I can really use some advice or help from any CA attornies or knowlegdable people ( good or bad).
(Ginger & Max)
(Max in back, Ginger in front - brother & sister)
THANK YOU, to everyone who has responded so generously with empathy, advice and encouragement - especially those of you I have never heard from before. I apologize for not acknowledging your out pouring. I've had a difficult time acknowledging that this is even happening and... I've never found it easy to tell all in my life publically...but desparate times are here. I'm so touched by your responses.
I deeply appreciate knowing that as a new member to the OS community, people care about me. I've been trying to provide some easy alternative laughter and entertainment to all the great writing that appears here on the OS daily.
My deepest gratitude to all of you out there.., Graham, Max & Ginger
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cindy capitani
Akopsa
Judy Berman
Britusa
Dave Cullen
lorianne
Salon.com
Comments
1) CA tenancy laws are heavily skewed toward protecting the interests of the renters. When you go into court, you will be facing a judge who's looking for any slight error in the landlord's paperwork or procedural responses, in order to give you a break. So don't assume that the system is against you. Quite the opposite.
2) Although rental laws vary from county to county, the law itself is based on precedents. So anything a landlord has done in the past that is to your benefit -- even just once -- can be construed by a sympathetic judge as having set a precedent for all of their future interactions with you.
If your landlord has previously accepted incremental payments from you -- even if doing so is contrary to a written policy, e.g., in a lease or in a set of house rules -- then they have set the precedent that you may pay your rent incrementally.
Although you have weakened your case by failing to respond in writing earlier in the process, you may yet prevail by asserting to the judge that you are acting in accordance with the precedent set by the landlord himself.
Depending on the judge, it may not even matter if you don't have any documentation to prove this. If the judge believes that you are telling the truth, the chances are greatly in your favor that the landlord will be ordered to accept your payment.
It also occurs to me that since you've previously performed work for the landlord, you may get some slack by offering to do work around the property -- e.g., show apartments, etc. -- until you are current. However, I wouldn't expect any rental compensation for that. Offering to do that work would be a demonstration of your good faith to the judge, even if the offer's not accepted.
It also occurs to me that your experience showing apartments, etc. may suit you for a resident manager or assistant manager position -- which can offer you free rent. Couldn't hurt to hit Craigslist and see what's available. You do live in the land of apartment complexes, after all. ;)
All will be fine!
I just tried calling you.
Love,
Me
Wishing you the best luck here.
I hope things work out for you Graham.....
Hey, Graham, show those left-coasters what a NY'er can do!
your work.
Keep the faith.
In France they have
many great complimentary
local services. Have you
checked any local
services?
I'm rather mystified by the actions of your landlord under the circumstances - and under this economy. I'm guessing that there isn't a list of people waiting for apartments - so what would the benefit to him be to push you our and then have to deal with finding a new tenant - especially when you had an explainable gap in your income? Odd.
Hoping for a solution and reprieve for you and your sweet housemates. Namaste.
Special Delivery today...
Love you!
Lolly
Without knowing what is going on with the landlord, it's difficult to speculate. But one possibility that nobody has considered is that maybe he needs to cough up money to his lender and doesn't have it. He may be trying to make sure he's got a good, clean tenant list so that he can sell the place. I don't know, it's just speculation, but it's something to consider.
Or he could just be a mean person.