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(Fark)   Some folks suggested I do a discussion thread about my eviction experience, here goes   (fark.com) divider line
    More: Stupid, Landlord, Eviction, Business, Leasehold estate, freight business, paid TotalFark subscriber, Renting, Sports  
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264 clicks; posted to Discussion » on 25 Jan 2021 at 5:01 PM (5 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



17 Comments     (+0 »)
 
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2021-01-25 3:34:30 PM  
Hey farkers. I just had my first hearing ,kinda, for the eviction suit filed against me and my wife.

I go into more detail if I feel up to it later but backstory is: we've been living in a place in socal for almost three years now. It's mostly been a nightmare with neighbors slashing our tires, an illegal dog kennel that was torturing dogs in the adjacent unit. 3 property managers in two years, it goes on. When we met the latest property manager in December 2019 we let them know about our problems and how shiatty the place was and offered to leave if they would waive Jan 2020 rent instead of suing the landlord for a laundry list of shiat we suffered. Landlord didn't get an answer back until Jan that we either pay January 2020  rent or get evicted and if we pay we were to be served a 60-day notice to quit anyway. I was in the process of selling my biz and we decided to just keep paying rent try to get the sale done and move asap. We rented a storage POD and parked it in our parking space in December in anticipation of moving, we had permission to do so from a former property manager. Wellllllllll covid started to creep into my industry in early Feb so deals off. We were scraping together rent and got a 3-day notice for March which we paid. Shortly after we paid rent we got a letter saying we had to move the pod. This was March 13th right when total lockdown started. fark that I have asthma I hunkered down for a month.

In may we were served a 60-day notice to quit as the pandemic was still pretty ragetastic.

Ok gotta take a break
 
2021-01-25 4:06:01 PM  
wanted to let you know this was read in full

don't know if there is more (guess there is)

you are not alone
 
2021-01-25 4:27:30 PM  
If I lived next door to an asshole that was torturing dogs, I'd consider a series of anonymous communications to the local constabulary, and the local papers.  Just sayin....
 
2021-01-25 4:41:45 PM  

SpaceMonkey-66: If I lived next door to an asshole that was torturing dogs, I'd consider a series of anonymous communications to the local constabulary, and the local papers.  Just sayin....


We did that. Potentially why they are gone and why the landlord is retaliating.
 
2021-01-25 5:05:31 PM  
Ok last bit of back story: to clarify we parked the storage pod, with permission, in dec 2019.

Anyway here we are in January 2021. I hope dear readers, we all have a better year.

On December 2nd we came home to a bunch of papers duct taped to our front door. We haven't been able to pay rent since April or may and welp, their stupid, illegal 60-day notice that was served in may and tolled(?) In may, according to my attorney they gave up their rights on July 12 or sometime after when they didn't file an eviction suit then.

July-aug-september roll by not a peep, maybe some papers harassing us for rent but there's been so much shiat put on our disused back door I can't remember.

In October we start to get fed up with our other adjacent neighbor (who's super pissed about getting kicked out of militant atheist club) and his late nightly yelling of expletives an constant drilling/electric screwdrivering and get serious about figuring out how to gtfo on zero money and nowhere to go. So mid October I'm out loading up our pod and onsite manager Karen sees me. Not five minutes later theres a 3-day notice to move the pod as well as pay or quit and I think one other thing. Anyway fark that we ignored it.


So back to the lawsuit hanging on our door dec 2nd. We FreAk out. The court is closed. And not knowing that since the papers weren't physically handed to us we had more than 5 days to respond, we frantically try our best to prepare a response. We had already shopped for attorneys in late 2019 but big surprise most attorneys only rep landlords. So we tried to raw dog it. Bad idea. After freaking out and trying to figure out the e-file we had just about given up and then mrs penguin found that since they did "post and mail" service we actually had way more time to respond. Oh did I mention they totally timed this shiat so we'd be getting the boot over Christmas? Oh yeah they did. So we get our shiat together and oh now the court is closed again with really ambiguous re-opening/filing rules. We called the clerk (probably the fourth of fifth time, the clerks are your friends be nice to them) and omg they farking filed for default. We were like no and the clerks office had a meeting and got the default set aside for a few days because their website was totally not clear. We file our response. $450 down the tubes for now. I finally was able to get some legal help and we filed an amended response and requested a jury trial.

Break time
 
ZAZ [TotalFark]
2021-01-25 5:17:20 PM  

flappy_penguin: We had already shopped for attorneys in late 2019 but big surprise most attorneys only rep landlords. So we tried to raw dog it.


Where I live (3,000 miles away) law school students are sometimes allowed to help out tenants in eviction cases even though they aren't licensed.  The system is relatively friendly to tenants.  (Compared to other states.)
 
2021-01-25 5:28:53 PM  

ZAZ: flappy_penguin: We had already shopped for attorneys in late 2019 but big surprise most attorneys only rep landlords. So we tried to raw dog it.


My late wife used to have a L/T practice but as soon as we could we mostly ditched the T part. Not  enough money and, surprise, our tenant clients tended to withhold facts and conflicts of interest where we represented the LL in other matters.. We did represent tenants when we thought they were really being screwed but that was rare.
 
2021-01-25 7:09:36 PM  
Fark user imageView Full Size

"YOU ATE THE STEAK!!"

/actually I have no idea what is going on.  When I see "unfairly evicted" my mind immediately goes to Judy.
 
2021-01-25 7:22:13 PM  
I've never been close to court on either side, but my impression is that most places give tenants the structural advantages. Including parts of socal, but that's a big area, and the laws and practices vary a lot by city and county. A lot of that is raising the stakes for landlords who break the rules, they can easily invite treble damages. Tenants generally only have actual damages and occupancy at risk.

You're not pleading the actual case here, but I imagine staying focused on the specifics of your case will help in court. If the slashed tires or animal abusing/outcast atheist neighbors are somehow related to your landlord, that doesn't seem clear to me. If it's not, I'd recommend leaving it out in court.

Multiple property managers seems a bit unfocused too, though having permission for your storage pod from one sounds relevant. Did you get that in writing? If not, do you have any way to contact that former property manager to verify it? 'No' doesn't mean you can't mention it, but you'll risk the landlord denying it. He said/he brought receipts makes it pretty easy for a judge. Documenting the delivery of the storage unit, and amount of time it sat without issue may help demonstrate that you had permission for it.
 
2021-01-25 7:32:34 PM  
Call the local legal aid group?
https://lafla.org/
 
2021-01-25 7:46:02 PM  

flappy_penguin: SpaceMonkey-66: If I lived next door to an asshole that was torturing dogs, I'd consider a series of anonymous communications to the local constabulary, and the local papers.  Just sayin....

We did that. Potentially why they are gone and why the landlord is retaliating.


Cool, point retracted.  I hope it works out for you, no snark......
 
2021-01-25 9:17:22 PM  
ok back on laptop.

I think the above pretty much catches us up to today. tldr: my wife and I live in a multi-tenant building with a totally unethical landlord who knows we've wanted to move since December 2019 and are stuck because of covid is suing us for possession(evicting) because we had a PODS storage unit that we were packing up to move with in our parking space, they are able to use this to boot us out as a loophole to the covid eviction moratorium. its normally used for domestic abuse or meth houses. we had a POD, which is gone now anyway.

Today was our court date!

We came pretty well prepared. we filed an amended answer requesting a jury and paid the jury fee deposit over the past couple weeks. it was super confusing and not easy because the courts are totally borked by covid. clerks office to files stuff is appointment only with 16 appointments a day. We had an attorney draw up the amended answer and the jury stuff so they looked pro. if we got denied a jury trial we'd be set with a clear list of defenses. Oh did I mention landlord hired the absolutely bottom of the barrel shiatty lawyer possible? Billion Dollar Hedge Fund LLC whose social media brags about how much money they've made despite covid could have done better with a cardboard cutout of Lionel Hutz. He made two mistakes on the first page of the complaint!

Last week he was served our amended response where we more clearly point out there is no lease due to the 60-day notice from May, and things like they listed the wrong entity as the plaintiff, issues with service, the fact that they are retaliating for a bunch of code compliance stuff like making them fix the central fire alarm that was beeping constantly etc.

So last week he, landlords law talking guy,  called to settle. Normally we would have taken it. Then they put us through the nightmare of getting evicted over the holidays during a pandemic AND COULDNT EVEN farkING BOTHER TO DO IT RIGHT.. we have been advised they will likely lose in court and regardless of outcome we have multiple claims that are described as "slam dunk" cases. We made a reasonable counter-offer. they did not respond.

This morning we got to the court early 815ish and checked in. We've been to the court like five times in the last 30 days so we still went to the wrong entrance. Always get to court early! We get up to the courtroom and it's closed. bunch of signs on the door but the one that stands out is the one letting everyone know that they could get a list of people who donated money to the County Commissioner who is presiding as a judge in this courtroom down in the clerks office. We're waiting and eventually the landlords attorney shows up, late. I know what he looks like because i found his socials and dang farking nutjob. antivax, antimask, hydroxychloroquine and cursed dadbod mirror selfies. I guess there is some deworming drug that kills covid and its getting censored! Powermove: sheepishily say Hi Atty's Name as he walks by. He figures out who we are and we mutually agree that we'd like to settle but their offer needs to be better. he stomps off. Comes back with a worse offer and admonishes -no counters!- ok fark you then. we are called in to the court one by one to sign a stipulation to agree that our case can be heard by the Commissioner. If we don't sign we have to wait for an actual judge. We didn't sign. Clerks scurry into action trying to find a judge and a courtroom. Landlord Atty stomps off "they didn't stip" lol no we did not. I forgot to mention that less than Mr. Hutz brought witnesses... he brought a lackey from the current property management company and our onsite property manager, a very apt description of a Karen. Who DID NOT SHUT UP FOR THE ENTIRE TIME. Karen yapped at the poor lackey from 8:30AM to 4PM. non-stop as far as we could tell. even in court. They had to wait too. So around 1030 we get called into the courtroom with the judge. We remind the clerk that we requested a jury trial. The clerk is like "lol wut?" oh yes we did here are the receipts, which we brought. The judge goes into lawschool professor mode and asks us a bunch of techinical questions which we couldn't really answer but we said we'd try our best on the day so he dispenses with that. The landlord's attorney motions for a "waiver" basically saying that we don't deserve a jury trial because he, the shiatty lawyer that called us "the plaintiffs" at least once, said so. He then lied to the judge claiming he never got our amended answer and request for jury trial. He discussed this exact thing with the attorney we hired this past weekend. i guess lawyers can lie to judges. Anyway, the judge calls for a recess so he can study out all the possible ways we could be denied a jury trial. Until 3pm. We go to lunch and come back at 2:45ish. Karen and the lackey show up and karen immediately starts talking. you cant escape because everyone has to wait outside the courtroom. We get back in and the judge pulls out his law book and points out that we didn't pay our jury fee exactly on time. We counter with the fact that it's really farking hard to get an appointment with the clerks office to do so lately. He calls another recess and calls the clerks office, the clerks point out yes, we are farking swamped with jerkoff landlords farking people over down here. Judge sides with us. Lil Lionel tries one last time and the judge got mad and said done deal. lets talk dates. how about march? pretty sure KAREN just about fell over. Mr. Hutz finally admits he'd never tried an Unlawful Detainer Jury Trial. Sassy justice: his witness karen and client and client's lackey had no idea we had requested a jury trial. they wasted a full ass day sitting. they paid this chucklefark to go to court to get schooled by me and my wife.
 
2021-01-25 9:18:22 PM  
i'm getting in bed now.
 
2021-01-25 9:25:49 PM  

flappy_penguin: i'm getting in bed now.


I'm really confused here. You notified your landlord that you wanted to break the lease, before Covid hit, and you'd already closed your business. So why are you fighting eviction? I'm not sure what the drama is about. Did they drag this out and then try to assess a bunch of fees and penalties, maybe?
 
2021-01-26 12:39:09 PM  

Mikey1969: flappy_penguin: i'm getting in bed now.

I'm really confused here. You notified your landlord that you wanted to break the lease, before Covid hit, and you'd already closed your business. So why are you fighting eviction? I'm not sure what the drama is about. Did they drag this out and then try to assess a bunch of fees and penalties, maybe?


back in December 2019 we made an offer to leave. Instead of taking that offer landlord said no fark you pay me now(which we did) and btw if you do just up and leave we will sue you for 2 months of rent past the date you left. I have this in an email
 
2021-01-26 1:25:09 PM  

flappy_penguin: Mikey1969: flappy_penguin: i'm getting in bed now.

I'm really confused here. You notified your landlord that you wanted to break the lease, before Covid hit, and you'd already closed your business. So why are you fighting eviction? I'm not sure what the drama is about. Did they drag this out and then try to assess a bunch of fees and penalties, maybe?

back in December 2019 we made an offer to leave. Instead of taking that offer landlord said no fark you pay me now(which we did) and btw if you do just up and leave we will sue you for 2 months of rent past the date you left. I have this in an email


Man, we've rented nothing but houses from private owners since 2003, with the exception of one year when we tried the corporate thing again... Nope, that one year lease reminded me why I went with private owners. I feel for ya, man...
 
2021-01-26 1:50:17 PM  
I hope you win big. I gotta tell ya, I am goddamn entertained! I'm betting this storyline beats any soap opera on tv.
;-)

/ good luck, stay safe
 
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