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Well like I said I didn't want to go into specifics details but I did request something and he shot down the idea with rude remarks about my disability. I never followed up because I feared he would evict me. As I mentioned in a different comment he has a reputation of getting rid of "difficult" tenants. Since then my health has worsened
So in other words...you have zero proof that he denied your rights?
I've helped people win lawsuits against landlords who didn't follow the security deposit laws in CA.
Many people don't understand how tenant-friendly CA laws are. No judge here is going to believe a landlord couldn't find another tenant with reasonable effort in more than 30 days. And in my experience, landlords who are jerks who won't behave properly with regard to discrimination laws, etc., also don't follow other laws, like all those pesky security deposit laws. And hardly any tenants ever sue over them.
At any rate, I've told you what I'd do. Of course, you don't know who anyone really is on CD, anyway.
As far as having anything on your "record" because of a landlord suing you - not if you've already moved out. There would be no "eviction." And first he would have to send you a bill, and then you would have to ignore the bill, and then he sends it to collections.
In the real world, after he sends you a bill for some ridiculous amount, you take him to small claims court. Nothing bad will end up on your "record" if you sue your landlord. And if the court said you had to pay the landlord something (enormously doubtful), you just pay it.
Yeesh, people love to scare posters around here. You'd think they were all getting a commission for scaring tenants into not suing their landlords, or for sending them all to lawyers.
Thank you again for providing a reasonable solution and information for me to research. I agree it seems like this forum is filled with landlords that want to portray renters as bottom feeders that want to screw people over. So not the case. I am a very reasonable person. If my landlord had been more understanding or compassionate towards me in my encounters with him in regards to my disability I doubt I'd even be posting here. It is quite evident (as some very ignorant and RUDE people commented in this forum) that there is a stigma associated with those who have a disability and unless you're a paraplegic you're assumed to be "normal"... Very sad. I appreciate your comments for being thoughtful, and not insinuating the things the other people were trying to say about me and other disabled renters ...
So in other words...you have zero proof that he denied your rights?
Correct. Like I said. His word against mine. I didn't want to be a bothersome tenant and bring these issues up for fear he would find a reason to evict me. I don't want eviction on my record. But anyway I know he would not accommodate me that's why I wanted to approach him about breaking the lease.
Well according to the law, you can not legally break the lease without penalty unless you can prove that your right to reasonable accommodation was denied. Like I said...get a lawyer or call your local legal aid office.
Thank you again for providing a reasonable solution and information for me to research. I agree it seems like this forum is filled with landlords that want to portray renters as bottom feeders that want to screw people over. So not the case. I am a very reasonable person. If my landlord had been more understanding or compassionate towards me in my encounters with him in regards to my disability I doubt I'd even be posting here. It is quite evident (as some very ignorant and RUDE people commented in this forum) that there is a stigma associated with those who have a disability and unless you're a paraplegic you're assumed to be "normal"... Very sad. I appreciate your comments for being thoughtful, and not insinuating the things the other people were trying to say about me and other disabled renters ...
You're more than welcome. I'm also disabled. If you really wanted to get revenge, first ask for your reasonable accommodation in writing (email would work). Get a letter from your doctor or other medical professional saying why you would benefit by the reasonable accommodation. Wait for him to respond in writing, which he probably won't. No response is considered a denial. Wait at least a week before you give notice to move after that and say you're moving because he denied your verbal and written requests for a reasonable accommodation.
Then, move if you want to. And then file a complaint with the DFEH on him for refusing to make a reasonable accommodation, which you have made more than once verbally and once in writing.
You need to make the request about your disability. You have to meet the definition of disabled, which is that your disability has a major impact on one or more life functions, you have to ask for the reasonable accommodation and your need must be related to your disability.
For instance: "I am requesting a reasonable accommodation because of my disability, to have an emotional support dog, even though you have a no-pets policy, because having a dog greatly improves my ability to function with my disability. As you know, I am on SSI disability, so that should be proof enough of my disability. However, I am also including a doctor's letter regarding my need for a reasonable accommodation."
The process takes forever, so I'd just move now. But, it's possible they may be able to get you some money from him for emotional distress and/or any physical problems he caused you by the denial, and maybe even some moving costs, too. Even if you lose, it won't cost you a cent. You probably won't be able to prove that he harassed you with nasty comments, but you could get him for denying your reasonable accommodation request.
And even if you don't get any money out of it, you can get some satisfaction knowing he'll get a scary letter from the state that he'll have to respond to within 10 days, which will probably also cost him some money for the lawyer he'll be scared enough to hire.
Revenge is sweet. And filing the complaint is free. Good luck to you.
Last edited by NoMoreSnowForMe; 01-16-2016 at 08:48 PM..
You're more than welcome. I'm also disabled. If you really wanted to get revenge, first ask for your reasonable accommodation in writing (email would work). Get a letter from your doctor or other medical professional saying why you would benefit by the reasonable accommodation. Wait for him to respond in writing, which he probably won't. No response is considered a denial. Wait at least a week before you give notice to move after that and say you're moving because he denied your verbal and written requests for a reasonable accommodation.
Then, move if you want to. And then file a complaint with the DFEH on him for refusing to make a reasonable accommodation, which you have made more than once verbally and once in writing.
You need to make the request about your disability. You have to meet the definition of disabled, which is that your disability has a major impact on one or more life functions, you have to ask for the reasonable accommodation and your need must be related to your disability.
For instance: "I am requesting a reasonable accommodation because of my disability, to have an emotional support dog, even though you have a no-pets policy, because having a dog greatly improves my ability to function with my disability. As you know, I am on SSI disability, so that should be proof enough of my disability. However, I am also including a doctor's letter regarding my need for a reasonable accommodation."
The process takes forever, so I'd just move now. But, it's possible they may be able to get you some money from him for emotional distress and/or any physical problems he caused you by the denial, and maybe even some moving costs, too. Even if you lose, it won't cost you a cent. You probably won't be able to prove that he harassed you with nasty comments, but you could get him for denying your reasonable accommodation request.
And even if you don't get any money out of it, you can get some satisfaction knowing he'll get a scary letter from the state that he'll have to respond to within 10 days, which will probably also cost him some money for the lawyer he'll be scared enough to hire.
Revenge is sweet. And filing the complaint is free. Good luck to you.
I cannot message you now Anyway what I was trying to explain there is that I don't think mentioning my physical disability will get me anywhere because of the fact when I mentioned it before, my concerns were brushed aside and a crude remark was made (I would elaborate in a message but cannot message you, so....). That's why I was wondering if you have information regarding breaking a lease due to a different type of disability. Please message me a response though it says I reached my limit for the day and cannot reply until tomorrow. I can assure you I am not a troll or spammer.
If the only reasonable accommodation you are asking for is for breaking your lease early due to your disability, then just go back and read my original post. Just give notice and leave. In my opinion, you would have nothing to gain by going the reasonable accommodation route in CA, since you can just break your lease.
If you got a doctor's letter tomorrow and asked in writing tomorrow for the LL to let you leave the day after tomorrow, without having to pay any more rent, and not have to give any notice, would any judge think that's reasonable? I doubt it. But, you could try.
The info you posted in your posts and in your DMs to me did not jibe, so I question your story. But, the info I have posted might help someone else, if not you. Good luck.
Last edited by NoMoreSnowForMe; 01-16-2016 at 11:33 PM..
Anyone else see it a little odd that this landlord just decided to evict someone because they smelled gas? I'm not trying to downplay the OP's problems, but isn't that illegal as hell? Retaliatory eviction?
OP, do keep in mind there are lots of people who have used the medical issues route to break leases because they were unhappy with a rental or could no longer afford it. Lots of landlords will be a little skeptical in these cases.
If the only reasonable accommodation you are asking for is for breaking your lease early due to your disability, then just go back and read my original post. Just give notice and leave. In my opinion, you would have nothing to gain by going the reasonable accommodation route in CA, since you can just break your lease.
I'm thinking the same and that's probably what I'll have to do.
If you got a doctor's letter tomorrow and asked in writing tomorrow for the LL to let you leave the day after tomorrow, without having to pay any more rent, and not have to give any notice, would any judge think that's reasonable? I doubt it. But, you could try.
I agree. A judge would find the unreasonable, which is why I mentioned possibly bringing up the reasonable accommodation for my physical disability because that one would likely hold more weight as far as me making a reasonable request, him turning it down and me then saying I have to leave.
The info you posted in your posts and in your DMs to me did not jibe, so I question your story. But, the info I have posted might help someone else, if not you. Good luck.
I am sorry you're questioning my "story" but for me this is my life and issues I deal with and once my ban on being able to direct message gets lifted (thanks to me being a new member, I'm only allowed to send so many messages per day), I am happy to explain more. It seems like you dealt with a troll who somehow had a similar story which is quite odd but I suppose if they had the same experience I did, then it is possible. Regardless, I'm not a troll and these are real issues I am dealing with. I was able to manage my health better until recently but the longer I am here the worse I am getting. I do appreciate your thorough, practical answers on how to handle this messy situation. Thank you.
Anyone else see it a little odd that this landlord just decided to evict someone because they smelled gas? I'm not trying to downplay the OP's problems, but isn't that illegal as hell? Retaliatory eviction?
OP, do keep in mind there are lots of people who have used the medical issues route to break leases because they were unhappy with a rental or could no longer afford it. Lots of landlords will be a little skeptical in these cases.
It was retaliatory eviction. My neighbor came over today (he bought groceries for me) and told me how in the 5 years he's lived in his rental he has seen about half of the properties my landlord manages go through some sort of retaliatory eviction if the tenant has any kind of issues. Often the issues are legitimate concerns but my landlord would rather get rid of an "ungrateful tenant" (my neighbor's words, quoting our landlord) than fix the issues at hand. I asked him if he knew if anyone ever sued him and he said he knows of a few people that talked about law suits but is unaware of they ever made it to court. But he told me about a property that had a leaky roof and subsequent mold and our landlord did nothing. The tenant asked for permission to handle it herself (wasn't asking the landlord to) and he evicted her and said she was too demanding.
There is a very high demand for rentals in CA. Landlords can essentially take their pick of tenants and be as much of a jerk as they want. You don't like it? That's alright the landlord will find someone else. It makes it hard to want to exercise your rights as a tenant
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which is quite odd but I suppose if they had the same experience I did, then it is possible. Regardless, I'm not a troll and these are real issues I am dealing with. I was able to manage my health better until recently but the longer I am here the worse I am getting. I do appreciate your thorough, practical answers on how to handle this messy situation. Thank you. 