Legal Question in Landlord & Tenant Law in California

Cotati, California. My name is Jonathan Arnold, age 23, and i have a 19 year old, female ex tenant that is pressing charges against me. i came home one day and she was drunk, after 45 minutes of verbal assault, in the witness of three others, she physically assaulted me, in the presence of one other roommate. we were not romantically involved. i called the cops on her immediately after my roommate detained her and after being pulled into the car by the cops she told them i bought her the alcohol and i now have a citation for this. as this has gone on i have been told she has now decided to press charges further against me saying i assaulted her. i did not and have not ever boughten her alcohol or hit her. i need legal advice! along with the charges she is pressing against me she still owes me two months rent as well. i need help please...but cannot afford the full value of a laywer to ensure i do not get charged and penalized and get my owed rent. i have a court date on march 3 for the alcohol charge.

Asked on 2/08/10, 7:47 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers
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Forget about the rent. She is not voluntarily going to pay you and what assets does she have for you to enforce a judgment against? Serve her with a three day notice for breach of the lease [drunk and disorderly conduct, assault, pressing fault criminal charges against you] and also a thirty day notice. Have a friend sit down with her tell her she will be evlcted for failure to pay rent and ask how she intends to resolve the issue. There needs to be at least two witnesses to the conversation and ask her if it can be taped because you want to hear everything she has to say and not get it second hand. Nothing should be said by your side as to the criminal charges or she will accuse you of trying to interfer with a witness to a crime.

Try to talk to the DA who will handle the case; they probably will not assign someone until the day before. Since it is doubtful you wil get anywhere by yourself, you have to spend the money on a local crimial law attorney who can talk to the DA, show him witness statements, documents that she owes rent, check wilth prior landlords if she has tried this before, take her picture to some local liquiore stores to see if they sold it to her [they will not want to admit it], etc.

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2/13/10, 8:33 pm
Daniel Bakondi The Law Office of Daniel Bakondi
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I generally do not do criminal law. They have to prove you gave her alcohol. Her word will be part of it, but if you deny it they will probably need more. If you have witnesses that will help. Have an attorney help you. The DA may decide to dismiss for lack of evidence. Your attorney can get the police reports, talk to the officers.

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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2/15/10, 11:26 pm

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