My question involves landlord-tenant law in the State of: California
My old roommate became violent with me a while back. I went through the procedure to remove him from the unit and obtained a restraining order/ move-out order. Since the issuance of this order, I have repeatedly requested the landlord's permission to replace him with an applicant who was qualified. The landlord has denied my requests and has ignored every single one of my emails where I mention this replacement. The landlord had then refused to renew my lease, basing the reason upon the incidences that surrounded the DV case. I obtained that order to prevent further occurrences.
At this time, I, again, personally asked the landlord to allow a replace roommate. He responded with, "well, we're not renewing the lease anyways so NO to the replacement roommate". A month later my year lease was up, and it automatically went to the month-to-month lease. For several months, I took care of the entire amount of rent on my own. Eventually, the absence of a secondary income began to effect my ability to pay the full rent. My particular unit is under a city and county Below Market Rate program and by the landlord not allowing me to replace the removed roommate, they automatically deemed me ineligible for the program.
My unit is a two bedroom unit and now there is just me living there. It is a requirement that there must be at least one person per bedroom in order to remain eligible for the program. The landlord has also continued to harass me by repetitive inspections that have been unannounced and unnecessary. They also have falsely accused me of smoking within my unit and thus have unjustly charged me with $1600.00(!!) in fines, which by the way is nowhere in the lease. If this all wasn't enough, while I was away out of town (about 3,000 miles away), my landlord violated the restraining order and permitted access into my unit, to that same removed, ex-roommate, by making him a key just a few hours after I left to the airport.
My ex-roommate had been in the process of clearing out my unit until a friend stopped by and caught him. The police were called and he was arrested and convicted of violating a restraining order. (..and this was the second time the landlord had violated the restraining order by doing nearly the same thing a few months earlier.) Between both incidences, approximately $25,000 worth of personal property was removed from my unit. The landlord has intentionally done things to compound the situation that I am now in.
An eviction proceeding is currently at hand, as well as an affirmative action against the landlord (pro se). I need to know if the landlord is required by law to allow a roommate replacement when one roommate is ordered to move out by the Court? Ifthe landlord is required to do so, what are the recourses if they do not follow the law and do not allow the reasonable allowance to replace the roommate. This, as well as having to begin replacing the property which was stolen out of my unit, have been the main contributing factor to why I am now behind on rent. And, finally, just a shot in the dark... Are there any referrals out there for an attorney willing to take my affirmative action case against the landlord? My initial complaint is very well structured and organized and EVERYTHING is fully documented. THANK YOU in advance for any advice that may be given to my (unfortunately) very colorful case.
:wallbang:
My old roommate became violent with me a while back. I went through the procedure to remove him from the unit and obtained a restraining order/ move-out order. Since the issuance of this order, I have repeatedly requested the landlord's permission to replace him with an applicant who was qualified. The landlord has denied my requests and has ignored every single one of my emails where I mention this replacement. The landlord had then refused to renew my lease, basing the reason upon the incidences that surrounded the DV case. I obtained that order to prevent further occurrences.
At this time, I, again, personally asked the landlord to allow a replace roommate. He responded with, "well, we're not renewing the lease anyways so NO to the replacement roommate". A month later my year lease was up, and it automatically went to the month-to-month lease. For several months, I took care of the entire amount of rent on my own. Eventually, the absence of a secondary income began to effect my ability to pay the full rent. My particular unit is under a city and county Below Market Rate program and by the landlord not allowing me to replace the removed roommate, they automatically deemed me ineligible for the program.
My unit is a two bedroom unit and now there is just me living there. It is a requirement that there must be at least one person per bedroom in order to remain eligible for the program. The landlord has also continued to harass me by repetitive inspections that have been unannounced and unnecessary. They also have falsely accused me of smoking within my unit and thus have unjustly charged me with $1600.00(!!) in fines, which by the way is nowhere in the lease. If this all wasn't enough, while I was away out of town (about 3,000 miles away), my landlord violated the restraining order and permitted access into my unit, to that same removed, ex-roommate, by making him a key just a few hours after I left to the airport.
My ex-roommate had been in the process of clearing out my unit until a friend stopped by and caught him. The police were called and he was arrested and convicted of violating a restraining order. (..and this was the second time the landlord had violated the restraining order by doing nearly the same thing a few months earlier.) Between both incidences, approximately $25,000 worth of personal property was removed from my unit. The landlord has intentionally done things to compound the situation that I am now in.
An eviction proceeding is currently at hand, as well as an affirmative action against the landlord (pro se). I need to know if the landlord is required by law to allow a roommate replacement when one roommate is ordered to move out by the Court? Ifthe landlord is required to do so, what are the recourses if they do not follow the law and do not allow the reasonable allowance to replace the roommate. This, as well as having to begin replacing the property which was stolen out of my unit, have been the main contributing factor to why I am now behind on rent. And, finally, just a shot in the dark... Are there any referrals out there for an attorney willing to take my affirmative action case against the landlord? My initial complaint is very well structured and organized and EVERYTHING is fully documented. THANK YOU in advance for any advice that may be given to my (unfortunately) very colorful case.
:wallbang:
Roommates: Do You Have the Right to Replace a Roommate Removed by a Restraining Order
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