California Tenant Rights

The Hide-and-Seek Landlord

Discussed above was the requirement that the landlord identify who is the authorized manager, who is the owner, where and how rent is to be paid, and the requirement of giving this information in the lease or posting it.   If the rent can’t be personally delivered [like there is no address, or you only have a PO Box or deposit box], the tenant can mail the rent, and it is “paid” on the date it goes into the mailbox, even if the landlord doesn’t get it until later. Mailed rent under those circumstances requires “proof of mailing”, which can be done by certified or registered mail, but also by declaration of proof of service, a witness, or a simultaneously mailed copy to yourself that shows the postmark [which can be the next mail day]. You may want to call the landlord to remind him that you mailed the rent to him under new Civil Code 1962.

If the landlord refuses to identify his or his full agent’s name, address and phone, when you sue the landlord, you can just mail the summons and complaint [must be registered or certified mail] to the place where you send the rent, and you don’t have to hunt him down, at all. This is important for small claims cases by you, suing to get your security deposit back.  You don’t even need a sheriff to serve the papers under those circumstances.  For small claims, be sure to mail the Plaintiff’s Claim at least 10 days before the trial date.

Civil Code 1962 also requires any 3-day notice to pay or quit to identify the name, address, phone, and available hours of the person to be paid [or the banking information] , and the manner of payment. Most landlords don’t know about this new law, and use their old forms which do not contain this information. What happens if they don’t? will be the next question courts decide: either the notice is no good because it lacks that information, or the missing information is only significant if the tenant tried to pay the rent but didn’t know where or how.

Landlord Liability for Criminal Acts of Others

Even if the landlord is not insured for it, the landlord can still be sued and held liable for crimes committed in the apartment complex, such as thefts from the cars, where the landlord has been negligent, such as failing to fix the garage security gate. They often claim they are not liable, but that is a bluff.  Also, if the conduct in question was that of the resident manager or other employee hired by the landlord, the landlord is personally responsible to you as though he had done the act. Crime is a habitability issue, under the contract, not just negligence.

They may also appear to deny liability because their insurance “doesn’t cover that”. That’s their problem: they can’t avoid liability by avoiding insurance. If that worked, nobody would buy insurance.  Moreover, the fact that you did not have “renter’s insurance” is no excuse for their neglect, nor does it reduce your recovery.  See a lawyer about your theft, for the details.

Injuries to me and theft

Unruh_Civil_Rights_Act

 http://motorpoodle.com/3d-flip-book/sunmmons1/ ‎

October break-in: 

 

 

Stolen:

  • Two full size slot machines A vintage Playboy machine and a Bally.
  • Paul Reed Smith (PRS) Santana guitareLibTech Travis Rice Snowboard
  • Cash
  • Sill cleaning to see what else.

More on Michael

 

---------------------------------==


 

 

 

Michael Sabah: 

Violence: Many assaults against me, also against friends. Hospitalized once. 

Dropped one of my computers off the railing on the second floor and smashed it.

Smashed a new touchscreen laptop at my desk.

Theft:  Stole large amounts of money and things, never paid rent or utilities, scared people away from renting the other room. Called police on friends  of mine playing video games.

Stole my keys when he left. Tried to delete a lot of email between the landlords and U from my phone.

Found out Mike works for the landlords as harassment.

More on Michael

---------------------------------==


Stile 

Michael Sabah: 

Violence: Many assaults against me, also against friends. Hospitalized once. 

Dropped one of my computers off the railing on the second floor and smashed it.

Smashed a new touchscreen laptop at my desk.

Theft:  Stole large amounts of money and things, never paid rent or utilities, scared people away from renting the other room. Called police on friends  of mine playing video games.

Stole my keys when he left. Tried to delete a lot of email between the landlords and U from my phone.

Found out Mike works for the landlords as harassment.

More on Michael

---------------------------------==


Stile 

 velit. Magni dolorum quidem ipsam eligendi, totam, facilis laudantium cum accusamus ullam voluptatibus commodi numquam, error, est. Ea, consequatur.

Lorem ipsum dolor sit amet, consectetur adipisicing elit. Optio, neque qui velit. Magni dolorum quidem ipsam eligendi, totam, facilis laudantium cum accusamus ullam voluptatibus commodi numquam, error, est. Ea, consequatur.

Lorem ipsum dolor sit amet, consectetur adipisicing elit. Optio, neque qui velit. Magni dolorum quidem ipsam eligendi, totam, facilis laudantium cum accusamus ullam voluptatibus commodi numquam, error, est. Ea, consequatur.

Table Header Table Header Table Header Table Header
Content
Content
Content
Content