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shellieh98

Anyone know anything about rental rights law in California?

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I'm helping a friend out. 2 weeks ago her son (age12) was hungry so he was going to make a grilled cheese sandwich. He turned on the stove and got his pan out, proceeded to make his sand which. He turned on the wrong burner and the pan on the stove had grease in it causing a grease fire.

They got it out with a fire extinguisher, but it messed up the carpet, and of coarse there was damage in the kitchen.

So the landlord tells her she has to move everything out of the apt. To get it fixed, and she would be getting the bill. He gave her 3 days to move everything. She takes off work and does, putting it in storage. She still had her refrigator and washer to move. Landlord comes and changes the locks. She is current on her rent.

Right now she is staying with friends, but this is the latest text I got from her.

Don't know if your at work .. But I was wondering if you know much about rental law, lol I'm still dealing with fire issue .. They haven't done anything to apartment yet. I found out fro his employee he hasn't given the OK to fix anything yet , I was upset. Texted property manager , asking what was happening , I was staying with friends, but can't stay indefinitely , he is basically trying to say it was intentional. We purposely torched his apartment .. !!! I told him I am aware personal renters insurance just covers personal property , not the building . anyway I told him I just paid my rent yesterday, and he asked ". Then what do you want your money back ? I told him I'd get back to him .. But I know I'm supposed to give 30 days notice and figured I'd be paying rent , don't want something later to bite me in the butt

Never mind .. It doesn't matter. I better just pray he doesn't sock it to me .. Went to fair housing and legal aid, and didn't qualify with legal aid and fair housing . got renters rights book out and in black and white says if damages to apartment was caused by tenant , tenant is responsible ..

I told her I would consult with a lawyer, he illegally evicted her. But I really don't know much about rental laws and rights, she doesn't have a lot of money.

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They should contact the Los Angeles Housing Authority I think. I believe unless there was  a safety issue, the  landlord cannot do that. Was the stove at fault? The landlord would have to  prove that the tenant was at fault for eviction and if they have a lease I dont think he can lock them out and change the locks as well if they were month to month. She may be responsible for damages and repair, but he cant change the locks like that without notice of 30 days or more I believe. Have her go to Avvo.com and post a free legal question

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She needs to get a lawyer.  The LL has done an illegal lock out.  NOTHING requires that all their possessions be removed to make repairs.  He LIED.  She should also start looking for a new place to live.  

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I agree about posting to Aavo.

A couple of things stood out to me,

1.) All agree the law says she must pay for the damages she shares were caused by letting her middleschool-aged child cook on the stove unsupervised, thus the whole wrong burner lit under a wrong pan, by happenstance sitting there with grease in it. [With authorities like these involved, I would be thankful to only have housing issues and not Child Protective Services, (CPS) issues. She will be hard-pressedto explain how her unsupervised child was not in danger, nor endangered by being in the fire.

As a mandated reporter (of child abuse, neglect, and endangerment for very many years now) I point out the above.

2.) As for the financial situation, she has gone to both suggested entities for assistance and failed the screening, meaning that, while it apparently appears to be a relatively low income to some, it does not appear to be a relatively low income when compared to the screening criteria at either entity offering aid to the applying public. So, while it may be inconvenient and not of her customary caliber of preference, she has been found capable of paying sufficient funds to secure safe, wholesome housing for herself and her son. Were that not the case, she would have been referred to the local wefare offices, where an emergency voucher for motel-type housing would be provided while she saved up that first, last, and security on the PDQ to get them into a new place while still paying rent to store the items socked away in storage.

What about her remaining refrigerator, etc? Has she made written requests to have the unit's new locks opened up to her, or her movers, to retrieve it? Or, is it and the rest using up that final 30 days of paid rent?

Why not go visit the responding firehouse for some well-experienced answers on what to do, too? For example, were the unit uninhabitable, they would have both tagged it so and referred Red Cross, who would be right there with displacement, relocation and many other services.

But, the unit remained inhabitable, didn't it? And, the fire extinguisher - not the fire department - was called to duty, correct?

So, landlord tenant issues remain. Was the incompleted move-out done upon a verbal request, or written demand? Did she keep any paperwork, notices on her door, voicemails to her phone (s)?

An unsupervised child proven to place the property and tenants at risk, if not dealt with expeditiously, becomes the landlord's liability for failure to remedy, should the child, again, be unsupervised and, again, cause what quickly raged from cooking grease fire to multi-unit dwelling fire.

(Were local FD called, the response to an apartment complex fire would have been large as precautionary measure, and, probability of getting away unreported:none - the first responders pulling remains of children left to fend (for whatever reason, length of time, etc), are also mandated reporters.)

I am sure your friend is lovely, charismatic, and adores her 12 year-old son. His grilled cheese may have been made with Gruyere instead of Kraft processed crud, and on whole multi-grain artisanal bread, not refined enriched "bread", and the grease cold- and first-pressed organic Californian olive oil with Pulgra butter to blend. The drink fresh-pressed local organic citrus. Fine. The fact remains, and is indisputable, her actions, or lack thereof are responsible for what took place, (fire), and are undeniably child endangerment, (though she is surely within her rights to attempt disproving, should it come to that).

She has renter's insurance? After the compressor going so long enclosed with the unrepaired stench, perhaps they will replace what was left behind? The items in storage no doubt reek from molecules deposited by the smoke during the fire. Though "only a kitchen-contained fire put out with a fire extinguisher", a film is left over the ceilings, trim, flooring, walls, furnishings, appliances, vented electronics - especially computers, etc "on" at the time and actively pulling the smoke through themselves and across the PCBs.

She paid December's rent? And the fire was several days ago? Days it has become apparent she is unwelcome? Was it back rent, or to cover December? Either way, were I in her shoes, I would eat from the discounted produce bin on the daily while counting my lucky stars A.) I still have a healthy child not dying in the burn unit, or dead, and, B.) I am ONLY losing some stuff and the place I called home over this, and, C.) Fingers crossed Property Owner is not suing for the difference between security deposit and the cost to repair the damages.

BEST ADVICE: Walk away, moving on with their lives quiety. Poke anyone, for any reason and that huge sword with the big D on it, you know, the Sword of Democles? It will come crashing down, releasing the dreaded CPS NOBODY wants to have as part of their lives.

Sorry it isn't rosier. But, the free aid societies and so forth are for the truly impoverished who do meet their screening criteria. And, in this society we have measures in place to both minimize the probabilities for death & destruction for those residing in multiunit housing, and, to remove a known risk, or carry the burden of responsibilty for subsequent losses of property or life.

You get the idea...

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The thing is HelpingGreg, regardless of the circumstances, the landlord cannot do a self-help eviction. That is against the law in every state. It does not matter if the tenant was doing something illegal or created the issue. The Landlord must follow proper steps to remove a tenant. Not doing so could bring possible penalty to said landlord. That is regardless of any CPS issues too.

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The thing is HelpingGreg, regardless of the circumstances, the landlord cannot do a self-help eviction. That is against the law in every state. It does not matter if the tenant was doing something illegal or created the issue. The Landlord must follow proper steps to remove a tenant. Not doing so could bring possible penalty to said landlord. That is regardless of any CPS issues too.

Yes. I am on the exact same page as you with that point. Normally, I would be packing for bear and reqdy to whoop some butt.

BUT,

and this is just my preference for staying the farest possible distance from those who can even assume custody of my child (ren) while I am unaware, obliviously at work/home/college and my child(ren) are presumed safe on their campus (es).

You know, those who may take one, or all of the siblings to places unknown, and likely never disclosed, to me. The location being tightly guarded for "the sake of the children - both Parent's and others', past & present. Some of those parents not being unintentional endangerers... you know, the ones who skin their infants alive, using 120 to 140 degree bathtub submersion, "so Baby would shut the f up a minute", or, one I always reckon back to, Grandma, Mother & live-in lover, all earnestly trying to convince me as to how Baby's soles of her feet were accidentally fried, like browned dinner meat in their skillet, up on their stove - Baby being 18 months... and, back in 1986, Baby had a hot clothing iron pressed on the apex of her genital slit until, once healed, her frontmost third of labia were totally absent. An image, once seen, never forgotten.

Anyway!

My focus would be on keeping as far under the radar as possible from those in a position to call and have my child plopped squarely into the sights of the entity capable of determining the best interest of my child is met by swooping onto campus and taking custody on an emergency basis, enrolling my child into another school, serving that school with a protection order against me, in my child's best interest..... on & on &on, not unusually for YEARS.

The same entity those parent (s) must hoop-jump for until they decide to tell Judge how to order.

So, in the end, a fist full of dollars in one hand, my child's hand in mine, in the other?

I am SO sweeping my child up into my arms / onto my back and RUSHING away, money will cycle around & around, my child's presence in my life is priceless.

Hey! It is simply my perspective resulting from my life's experiences.

To each their own.

Just know this, please,

it isn't JUST the vindictive manager / landlord / do-gooder neighbor.

It isn't just the campus filled with mandated reporters who may overhear about the fire / housing situation.

It isn't just about the building's visiting entities, e.g., fire department, building & safety, insurance inspectors & adjustors.

it is ALSO about guardian adlitum folk and the myriad of very most atuned folk throughout the courthouse, who WILL speed dial in your particulars while you're just there to seek your rights to a proper notice to vacate, and maybe some dollars for not having had it done so the first time ...

You know, the dollars that will end up barely scratching the surface for offsetting to costs to mitigate the fire & smoke damages to make the unit whole and inhabitable, again.

Like I said earler, I would count myself thankful my child escaped safe & sound from my mistake, and, I would lower my housing standards to something realistically affordable, e.g., those rooms for rent in family homes published 'everywhere", or, more costly, those motel rooms with kitchenette for $150.00 a week, or so. I'd eat from the daily discount produce bins, soup or salads, and sock away every nickle for a new place.

I would also cross my fingers I not end up served by publication to pay for the expensive fire & smoke damages' mitigation.

Yes. It is unfortunate she is out a refrigerator, (and groceries inside it, I imagine), and rent money, and a place to call their own for the month.

But it both could have been, and may still become hugely worse than it is right now.

My focus would be on laying low, not stirring a hornet's nest.

I wish them all the best. Nobody wants to see folk in dire straits, much less a young single family in winter.

My best wishes for your friend's triumph over this character-building lesson in life, and, that her son emerge a better future man for having withstood this childhood travail.

Warmly,

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Yes. I am on the exact same page as you with that point. Normally, I would be packing for bear and reqdy to whoop some butt.

BUT,

and this is just my preference for staying the farest possible distance from those who can even assume custody of my child (ren) while I am unaware, obliviously at work/home/college and my child(ren) are presumed safe on their campus (es).

You know, those who may take one, or all of the siblings to places unknown, and likely never disclosed, to me. The location being tightly guarded for "the sake of the children - both Parent's and others', past & present. Some of those parents not being unintentional endangerers... you know, the ones who skin their infants alive, using 120 to 140 degree bathtub submersion, "so Baby would shut the f up a minute", or, one I always reckon back to, Grandma, Mother & live-in lover, all earnestly trying to convince me as to how Baby's soles of her feet were accidentally fried, like browned dinner meat in their skillet, up on their stove - Baby being 18 months... and, back in 1986, Baby had a hot clothing iron pressed on the apex of her genital slit until, once healed, her frontmost third of labia were totally absent. An image, once seen, never forgotten.

Anyway!

My focus would be on keeping as far under the radar as possible from those in a position to call and have my child plopped squarely into the sights of the entity capable of determining the best interest of my child is met by swooping onto campus and taking custody on an emergency basis, enrolling my child into another school, serving that school with a protection order against me, in my child's best interest..... on & on &on, not unusually for YEARS.

The same entity those parent (s) must hoop-jump for until they decide to tell Judge how to order.

So, in the end, a fist full of dollars in one hand, my child's hand in mine, in the other?

I am SO sweeping my child up into my arms / onto my back and RUSHING away, money will cycle around & around, my child's presence in my life is priceless.

Hey! It is simply my perspective resulting from my life's experiences.

To each their own.

Just know this, please,

it isn't JUST the vindictive manager / landlord / do-gooder neighbor.

It isn't just the campus filled with mandated reporters who may overhear about the fire / housing situation.

It isn't just about the building's visiting entities, e.g., fire department, building & safety, insurance inspectors & adjustors.

it is ALSO about guardian adlitum folk and the myriad of very most atuned folk throughout the courthouse, who WILL speed dial in your particulars while you're just there to seek your rights to a proper notice to vacate, and maybe some dollars for not having had it done so the first time ...

You know, the dollars that will end up barely scratching the surface for offsetting to costs to mitigate the fire & smoke damages to make the unit whole and inhabitable, again.

Like I said earler, I would count myself thankful my child escaped safe & sound from my mistake, and, I would lower my housing standards to something realistically affordable, e.g., those rooms for rent in family homes published 'everywhere", or, more costly, those motel rooms with kitchenette for $150.00 a week, or so. I'd eat from the daily discount produce bins, soup or salads, and sock away every nickle for a new place.

I would also cross my fingers I not end up served by publication to pay for the expensive fire & smoke damages' mitigation.

Yes. It is unfortunate she is out a refrigerator, (and groceries inside it, I imagine), and rent money, and a place to call their own for the month.

But it both could have been, and may still become hugely worse than it is right now.

My focus would be on laying low, not stirring a hornet's nest.

I wish them all the best. Nobody wants to see folk in dire straits, much less a young single family in winter.

My best wishes for your friend's triumph over this character-building lesson in life, and, that her son emerge a better future man for having withstood this childhood travail.

Warmly,

 

Okay I have to ask.  Despite your avatar saying "Don't Panic" that is exactly what that post seems to do.  Well, what I read of that nonsense filled rant.  The majority of it has NOTHING to do with what the OP asked and makes no sense.

 

Has the cheese  slipped off your cracker?  Do you need some more tinfoil for your "special" hat?  What can we do to help to keep you on topic?

 

This isn't about what you would do, what happened 30 years ago, or what you imagine someone might do.  This is about an illegal lock out and the OP needing a lawyer and the Housing Authority.  

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@HelpingGreg. I'm sorry but your just a little bizarre.

He was unsupervised because it was 1100 at night and my friend was in bed sleeping where she thought her son was also. He got up in the middle of the night to make something to eat. That aside that is not the issue.

She realizes she may be held responsible to pay for the damages, the issue is they locked her out of her apt. Without a word.

She was not behind on her rent, and paid Decembers. If they are dragging their feet on repairs, they should provide her with alternate housing. They verbally told her to move, gave her 3 days, changed the locks and it has been 2 weeks with no repairs even started.

She still has large appliances in the unit.im thinking what the landlord is doing is way illegal.

The place was not condemned by the fire dept, (yes they did come) so for him to have her move everything vs just clear out the kitchen is also suspect. He probably hopes she will break the lease so he can get her for that to.

I told her to consult with an attorney, even if it's just a consult.

Ok I just read your 2nd post and yep you are bizarre. Cps, child endangerment et all has nothing to do with any of this.

Thanks clydesmom and debt zapper, appreciate your input.

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@shellieh98

 

I'm just impressed that a 12-year old boy would want a grilled cheese sandwich instead of chips or candy.  :-)

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Like I said,

"Hey! It is simply my perspective resulting from my life's experiences.

To each their own."

Prior to closing with,

"I wish them all the best. Nobody wants to see folk in dire straits, much less a young single family in winter.

My best wishes for your friend's triumph over this character-building lesson in life, and, that her son emerge a better future man for having withstood this childhood travail.

Warmly, "

My level of civility is maintained; I empathize with those reacting with hyperbole; and, I defer to others on the specific portions of landlord tenant law, e.g., the 3-day notice to vacate being both verbal and accepted, though December's rent was subsequently offered and accepted.

It isn't a case flowing the usual course, e.g., the 3-day notice would be written, often using pre-printed forms to be sure they conform with legal requirements, then, posted to the unit's door, not just a casual verbal ; Tenant, preferring to vacate, would have had all items wanted removed in the 72 hours, knowing any items after the cut-off time (when locks change) are "abandoned property", yet, landlord still must exercise "resonable care" for a "reasonable period of time" before junking what's left behind when tenants vacate a premise - that's how some folk end up in jail toward the end of a month, lose their "abandoned" apartment, yet regain their belongings when released from jail in 1, 2, 3 weeks...

Add the carpet, smoke and fire damage and there are a whole other barrel of monkeys loosened upon this puzzle!

Only looking at the landlord tenant aspect of the matter, I would immediately call NACA for a referral to an attorney specializing in pro-tenant cases, (not the end of the spectrum where money if found, so, few and farther between than those representing landlords, but still, they are to be found and do exist).

Best of success to you in helping your friend and her child resolve this matter ASAP.

Warmly,

P.S. If I come across a pro-tenant advocate, or attorney, I will share the contact info. with you.

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Have her contact Darrell Steinberg's office.  He advocates and has written bills for CA renters.  He has interns who will give her resources regarding her rights. 

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http://www.tentantslaw.net/

By far my best suggestion, this NACA member barred and listing landlord tenant in both Manhatten, NY & California.

But, there is also this option,

http://www.amycklaw.com

She is a NACA member barred and listing landlord tenant in both Texas & California

Lastly,

http://www.consumerjusticeesq.com/

He is a NACA member barred and listing landlord tenant in both Washington, DC & California.

In closing my contributions to this thread, I truly wish your friend in Bakerfield, and her son, resolution in this matter, a safe & warm winter, and happier times ahead. They are fortunate to have a caring friend in you. May that your own social life be similarly fortunate.

Glad tidings of the season to all!

Warmly,

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