Fighting Eviction (apartment, rental, credit)

[danapop]

My wife and I rented my L.A. apt back in June. Due to poor credit, the landlord required two months deposit, which I paid. I have two small children and a month into the lease, the landlord mailed a general letter to every tenant (there are six of us) requesting us to not make noise. I assumed it was due to the many complaints she was getting from the four college students partying downstairs and left it at that. Last month, the lady living directly under us was broken into and her place was robbed. They got in though an open window while she wasn't home. She decided to move in with her boyfriend, but told the landlord it was due to noise from us and our two small children. We got a letter threatening to evict us if we didn't keep ourselves and our children quiet (and in the letter she told me that if she evicted us, she'd be keeping our entire deposit). We replied to the letter, telling the landlord the real reason she is leaving (she told us)-is due to the break in. We have been especially quiet the past month. Nonetheless, today the landlord came and told us they were evicting us: "because we're afraid your footsteps are too loud downstairs", and the noise from that and the children would cause a new tenant to leave as well.

Now, here's where it gets weird: She offered me the
apartment downstairs, claiming that: "It would be quieter".

Can we fight this? It seems to me that if we're good enough for downstairs, then we're good enough to stay here.

I'm concerned that the security there is poor (there are no window bars and it's a ground floor street facing apartment-not to mention that it was broken into not long ago).

Anyone? They're really pressuring us to give them an answer right away.

[JackSparrow]

Document everything.

Dates, times, copies of the notices. Police reports. Everything you can to create a paper trail. All of this should be copied and stored somewhere else. Make little to no mention of it to your landlord. Then, you can sleep at night knowing that you've documented what you need too. It will be a hassle at first making notes on the times and dates of everything, but once you get it all lined up, new items should start falling right into place. Then, stand your ground.

That's the first step.

The second step will be to pay attention to what some of the people on here talk about. There's plenty of landlords on here. Also, do a search on here for specific websites dealing with this sort of thing.

[greggd]

Sounds like she is trying to stick you in the undesirable unit or maybe has sound transmission issue at the building.

Is your unit carpeted or does it have hardwood flooring?

Since the unit below was broken into, she should install bars on all the windows with the emergency release mechanisms. Similar and/or more aggressive events in the future could be considered negligence on the part of the owner in a failure to provide a rental premises.

[danapop]

It's carpeted. The kids do run around-they are 3 years and 20 months. Kids run around.

I agree that she is trying to put us in the less desirable apartment. Mine is on the second floor-which is safer by default.

The lady downstairs was not a nice person. She is what I'd call a complainer.
She hates kids too-she scowled at mine all the time-and they're good kids.
She also smoked like a chimney all the time in the courtyard under our living room windows and the smoke used to rise right into our apartment. My wife has asthma and it caused several attacks-and even caused my 20 month old to have a cough. I put all this in my response to the landlord's letter. Apparently it fell upon deaf ears.

The landlord also gave the lame excuse that she's "worried" about the kids on the stairs-how come all of a sudden she gets worried?

I'm not opposed to moving downstairs, assuming the security issue was dealt with -it's a slightly bigger apartment- but they refused to put bars on the windows after her break in.

My other concern was that her place was trashed-they just didn't rob it, they trashed it nastily. The cops that investigated told her to: "Move out" on no uncertain terms.

Is a landlord required to tell a tenant that their prospective apt. was recently broken into and ransacked?

[sponger42]

Google California renter's rights.

I'm fairly sure she can't keep your deposit, and it will be a long, long, expensive fight for her to evict you, if you choose to fight.

Then again, do you really want to live in a place with such an evil landlady? I'd move out and take her to court for the deposit. Or, possibly stay one month without paying your rent to burn off that deposit. That is probably the easiest way to get your deposit "back."

She could, of course, take you to court, but it's probably not going to be worth her while. Depends on what sort of game of brinksmanship you're willing to play.

The most upstanding thing would be to leave and take her to court for the deposit (after reviewing your rights), but that's a lot of trouble for you. Be sure you have the time and documentation to follow through.

I wouldn't stay in a bad situation like that, though. Who needs the stress of a hateful landlord at home?

[danapop]

From CA law....

Three-day notice
A landlord can use a written three-day notice if the tenant has done any of the following:

Failed to pay the rent.
Violated any provision of the lease or rental agreement.
Materially damaged the rental property ("committed waste").
Substantially interfered with other tenants ("committed a nuisance").
Used the rental property for an unlawful purpose, such as selling illegal drugs.

Failing to pay the rent, and most violations of the terms of a lease or rental agreement, can be corrected. In these situations, the three-day notice must give the tenant the option to correct the violation. However, the other three conditions listed cannot be corrected, and the three-day notice can simply order the tenant to leave at the end of the three days.

She is trying to show the children's crying, whining and running around is: "committing a nuisance", the EXACT term she used in the letter sent last month!

Guess what? Little kids cry. The landlord had kids herself and now has grandkids. It's not as if this should be a surprise to her!

[OutOfSoCal]

Just my opinion here BUT I would hate to below you. I too have wo kids a bit older but they do make alot of noise. If the downstairs apt is the same size and bedrooms why not take it. Ask they install bars on the window first then try to use your cooperation to your advantage, get her/him to become your buddy or at least think you're a "team player".

[Calibound-Yorkiemom]

Originally Posted by OutOfSoCal

Just my opinion here BUT I would hate to below you. I too have wo kids a bit older but they do make alot of noise. If the downstairs apt is the same size and bedrooms why not take it. Ask they install bars on the window first then try to use your cooperation to your advantage, get her/him to become your buddy or at least think you're a "team player".

I have to agree with what you are saying. Sometimes people don't realize how much noise little children can make. I remember a while ago when i was looking at apts in NY there was a landlord that didn't want to rent upper apts to people with kids. It may be better for the OP to perhaps compromise and move to the lower apt. Maybe they could even try appealing to her compassionate side by telling her that you'd feel more comfortable living there if there were bars on the windows. I believe that in NY apts with small children are supposed to have bars on the windows.If that doesn't work it may be in everyone's best interest for the OP to find a different place to live. It may not be worth the hassle.

[katenik]

she cannot keep your deposit unless you leave owing money for rent or damages to the unit, and then she can only keep what you owe (plus cleaning fees), and not a penny more. if you are evicted (i.e., you stay beyond the notice period and the landlord has to take you to court to get you out), the judge will determine who gets what, money-wise.

that being said, it sounds as if she wants to get rid of you because your kids disturb other tenants. as a landlord, she has a responsibility to all her tenants to ensure that their possession is not interfered with, or they can break their leases and she will lose money. even if the former tenant told you she was moving for a different reason, the fact that she scowled at your kids indicates to me that their presence annoyed her in some way, not that she necessarily hated kids. (a break-in is not a a legal reason to break a lease unless the unit is improperly secured [which is usually easily cured], but habitually noisy neighbors are, and your former neighbor probably knew that.) what is tolerable noise to you as your children's parent isn't necessarily tolerable to the people downstairs. yes, "kids make noise" but your landlord cannot tell the other tenants that when they complain to her about your kids; she has to act to protect their legal interests, or face consequences herself.

[greggd]

What was her reasoning for not wanting to install the bars? Was it a money issue?