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Excellent CA model facing eviction. Advice?
Time to put MM to good use again. Pretty much In her own words [I've edited a bit to leave out names, correct spelling, redacted irrelevancies, etc.] ------------------------------------------------------------------------------ "Thank you my friend. And thank you for the help of advice. No, I'm not on the street but I was given a notice of pay or be evicted in 3 days. I have help from a program called section 8 . Due to disability I have from past I have had... the help of this program. The apartment manager knows that they have to comply to rules and regulations that have kept failing at every inspection so far since I've lived in this unit. To make the story short, the program didn't make a recent payment now the manager is retaliating against me giving section 8 false accusations and lies to throw me out of the program if I don't pay for the damages of the part of the inspection that the program failed. Good side is the program has never had problems with me or my family. I've never missed a payment and they understand that this manager he done nothing but bully me and harass me over and over. In fact I've had some falls in the apartment that required myself to land in the hospital. And not once did I press charges against the property management. I am truly disappointed in the judicial system that I cannot defend myself unless I have been given a legal court notice of eviction. Or unless I sue them. I just don't want to cause such drama bit this lady (manager) is causing my life a living hell. I truly don't appreciate her slandering my name and giving false accusations that BTW I forward email messages to all the workers in section 8 that shows her lies and accusations aren't truthful. I've had to do everything in writing due to temporary memory loss. So as you can see it's a legal battle. I am not happy at all and I certainly don't appreciate the emotional abuse my whole family is been through. Any sort of advice would be well appreciated." ------------------------------------------------------------------- This just received within the last 3 hours. Model is in San Diego, CA area. Not my expertise. I don't know the lay of the land, the lawyers, tenant-landlord law, evictions, and model is obviously not seeking a high-priced attorney! So my first question: * do we on MM have any competent real-estate attorneys in San Diego ready, willing and able to take a case pro bono or possible legal time for shoot? Alternatively: * if she proceeds without an attorney, how do you advise her to fight this given her self-reported limited mental capacity to retain information? In other words, triage it down to basics. Lastly: * What question(s) should I be asking that I've not asked? I'll aim her to look at this so try to make this simple for her. You can have a more complex version for me. I am not trying to be condescending--I just realize that with her self-reported disabilities we need to make accommodations. Prayer is also an appropriate option IMHO! But I don't like to rely only on an Almighty! ;-) Oct 07 16 10:24 pm Link Oct 07 16 10:29 pm Link Different municipalities have different tenants-landlord laws. I had evicted someone before. It's a very costly process. Most landlords do not like to do that unless it's necessary. Are you sure your model friend is telling you the whole truth? Oct 07 16 10:42 pm Link "Fair market rent" is a HUD calculation -- problematic in areas with rising average rents http://www.theatlantic.com/business/arc … ng/396650/ "many landlords of buildings in nicer neighborhoods will do anything to keep (section 8) voucher-holders out." Proposed Changes to Section 8 http://www.wsj.com/articles/obama-admin … 1466031245 HUD considers change to Section 8 rents http://www.baltimoresun.com/business/bs … story.html "unintended consequences" Oct 08 16 02:19 am Link Wow, there are any number of models that have a tough time with rent. And I know many that have faced eviction, especially in L.A. Also, in Cali there used to be a number tenants could call to inquire on Landlord tennent issues to get free legal advice. However, some questions remain unanswered. 1. Does this individual get free rent or a reduced rent with section 8 housing. A. I do know that if the tenant is paying any money to the landlord and there is a dispute that would be adjudicated in landlord tenant court then the tenant would be obligated to pay the owed rent into an escrow account until judgement is made one way or the other. 2. With the Americans with Disability Act is there no employeement this person could seek with reasonable accommodation? 3. It does not seem logical that a landlord would seek to evict a tenant if this was her first non payment of rent, and if the error is tied to that rent being paid by a governmental agency. 4. Also if the place is un fit to live in according to the tenant based on failed inspections and conditions which would cause her to be injured ( a series of falls) I would think it would be in the best interest of the tenant to find better section 8 housing. There is something here that doesn't really add up in my mind. Oct 08 16 03:04 am Link FFantastique wrote: Every section 8 eligible property must pass an initial HUD inspection to qualify, If the rental unit has failed a subsequent HUD inspection due to damage caused by the Tenant then the Landlord has every right to evict. Oct 08 16 04:04 am Link Risen Phoenix Photo wrote: like a white knight on the east coast asking advice to help a mysterious person on the west coast who is in a predicament where none of us know all the details or have the ability to actually make a difference. Oct 08 16 08:58 am Link FFantastique wrote: She should honor her agreement and pay her rent in full, on time, or she should move out within 3 days of her notice that she is in violation of her agreement. This formal 3-day notice is the first step of the eviction process as required by law here. It happens for a reason, as the beginning of a last resort under law. It is not "bullying." It is not "slandering." It is the beginning of a formal eviction. These laws are in place for a reason. FFantastique wrote: Why is she so adamant about living somewhere for free and gaming the system at someone else's expense? Oct 08 16 09:04 am Link Sect. 8 is a very good deal for the landlord. Generally HIGHER rents, paid by taxpayers, than landlord would typically get. Few landlords would evict a Sect. 8 tenant without very good reason. There are major drawbacks to losing a Sect. 8 tenant, including (bureaucrat sloth) the delay of obtaining another Sect. 8 tenant. Oct 08 16 09:08 am Link FIFTYONE PHOTOGRAPHY wrote: True as to initial inspection. And the inspection is STRINGENT. Oct 08 16 09:09 am Link The three day notice is just the first step in obtaining an eviction--It's a document that has to be part of a legal filing in court. She can still stay and fight and if she has proper legal ground she will win. Having issued a three -day myself it is important that the amount owed is correct--an error in date or an incorrect calculation essentially resets the process. So the three-day needs to be examined. If and only if she is on a strong ground and she decides to stay and if she is disabled, as long as she can prove that damages are caused by Landlord neglect she is in a strong position. However, if any of the three day amount is just--the landlord can start over by putting in the correct amount in another three day--California really gives a renter a lot of chances to make things right but if you legally owe money to a landlord, eventually, the sheriff will knock on the door and post a five-day notice and that one has the backing of the county. Oct 08 16 09:24 am Link 27255 wrote: Be kind! Oct 08 16 09:41 am Link FFantastique wrote: That would be nice. FFantastique wrote: If she is a good tenant who lives up to most of her responsibilities on a regular basis, then why is she being evicted? It would be foolish to go through the time and expense of a formal eviction for only one late payment. FFantastique wrote: Right. Who knows what the truth is based on her skewed and emotionally loaded letter? FFantastique wrote: You should offer to provide a place for her to live! Maybe that would be the humane thing to do, from your point of view? FFantastique wrote: Thank you! I think I understand your point. You are trying to help a model you like who is in distress over her living situation and her inability to pay her bills. Oct 08 16 09:59 am Link BE KIND to people who are disabled. She probably had falls because of heavy medication. This is common. HUD inspection can be pretty strict and demanding!!!!!!!. ALSO destruction to the property may be the main cause of the problem... Details not clear here........ A section 8 voucher has a long waiting list & is not easy to obtain. Some landlords can be pretty hard on Section 8 tenants !!!!! This organization in SAN DIEGO may help. *********** : " Disabled and need help? - arc-sd.com " ****** Adwww.arc-sd.com/ We provide services for people with disabilities in San Diego. 3030 Market St, San Diego, CA - (619) 685-1175 - Closed today · Hours?? Google has several other organizations in SD willing to help disabled clients. with rent problems Oct 08 16 10:24 am Link Oct 08 16 10:28 am Link Lohkee wrote: So there it is. Thank you Mr. Lohkee. Can't be any more clear than that. Oct 08 16 10:36 am Link 27255 wrote: I agree. I've relied on Nolo for years (and I were a landlord once upon a time in Cali). Getting people out can be an extremely painful and expensive experience. I'm not sure how Sec-8 plays into this process 'cause I wouldn't touch Sec-8 as a landlord with my worst enemy's dick. Suffice to say, I don't believe much of the OP's story. Actually, I don't believe any of it. Oct 08 16 10:57 am Link Lohkee wrote:
Oct 08 16 11:02 am Link 27255 wrote: I have my scars from battles fought. Oct 08 16 11:05 am Link Eagle Rock Photographer wrote: Are you kidding me? Most landlords would not touch sect 8 with a hundred feet pole. Oct 08 16 11:33 am Link Multiple strokes. Non ambulatory--walker. Working not option under the circumstances. Reporting required. Landlord not liking! LOL Perfect payment record. Other complications. Oct 08 16 11:55 am Link 27255 wrote: Tôi hiểu và tôi sẽ. Cảm ơn bạn. (hope I got that sorta right. My Vietnamese really sucks). Oct 08 16 01:40 pm Link I ain't no scum-suckin' lawyer, but I have been a landlord for a couple of decades (and in California a long time ago). I won't presume to give your FB friend any legal advice, but I'll provide some general observations: ... I hate these threads, where we hear only one side of the story. Sure, she can tell us how horrible her landlord is, but in a courtroom (at least), the other side gets to tell their side of the story. As bad as your friend's story sounds, it is quite likely that the landlord's story can be just as bad (or worse). ... Therefore, the side that is better prepared has the best chance of prevailing. "Preparation" can have many forms: --- E-mails & letters printed out (at least four copies of each), --- Photographs (with date stamps), --- Believable witnesses, --- City documents & maps, --- Past complaints against the landlord (from the city), --- etc. Collect your documents. ... Whatcha gonna do if/when your landlord exaggerates or lies? Be prepared! ... In general, presenting opinions in a courtroom is next to worthless. "He said - She Said" tends to cancel each other out. ... Usually, landlord-tenant laws tend to favor the tenant. ... In my experience, every city has an attorney who tends to represent tenants and who tends to terrify landlords. These tenant attorneys are terrific at finding a settlement that gets tenants (and their attorney) paid. Find that lawyer. ... I don't know but I would guess that the vast majority of landlord-tenant disputes are settled out of court. Oct 08 16 01:49 pm Link FFantastique wrote: Not My Circus, Not My Monkeys Oct 08 16 02:09 pm Link Paolo Diavolo wrote: Well I am from San Diego was born in Pomona and grew up in San Diego for 36 years ( Pacific Beach to be specific) Attended college at Pepperdine University and graduated in 1975 with a degree in Political Science. I worked for Kenneth Hahn chairman of the County Board of Supervisors in LA. Then went to law school in San Diego where I graduated in the late 1970's. Oct 08 16 02:25 pm Link Have her talk with her city councilor: https://www.sandiego.gov/citycouncil The often times can point out services to help with these types of situations. Also reaching out to the SD Tenants United can help. They may know of a better living situation for the same or close rent: https://www.facebook.com/SDTenantsUnite … e_internal Oct 08 16 03:16 pm Link Looknsee Photography wrote: What's FB? :-) Oct 08 16 05:21 pm Link |
