Legal Question in Real Estate Law in California

I live in a home that is co owned by my mother and former stepfather. I have a Occupant Agreement in writing from my mother that states the grounds on which I live here, how long I have lived here etc,

My former stepfather still lives in the home but my mother does not. They are both named on title and mortgage. My rent is 0 dollars as the home was purchased on a reverse mortgage. I am expected to contribute to utilities and buy my own food and supplies which I have done.

I have lived here for over two years and in the last year my former stepfather has been harassing me with endless verbal attacks on me and my daughter, then he started sending me notices to get out, to make a long story short he has tried evicting me twice, the first time I filed a motion to strike his complaint as his 3 day notice was just a page full of his personal problems with me. The judge ruled the notice defective and we entered an agreement that I would find a renter for one of the rooms in the house in order to provide him at least 600 a month income.

I found a tenant at the end of Feb and he signed a 6 month lease with stepdad at the rate of 500 a month. I paid the other 100 but my name was not included on the lease nor any other document (remember I have a rent free agreement with mother)

On march 20th I noticed evidence of rat infestation on the property and notified LL who put traps out. On March 22 I discovered spoiled food waste that LL threw into yard to decompose all over the front yard.

I verbally requested that he remedy the problem and was verbally assaulted.

On the 24th I complained to the city. On the 25th the "fire" inspector came which did not do anything but piss LL off.

On the 25th I wrote him a notice to repair to which his response was to give me a 10 day notice ordering me to get rid of one of my dogs. 3 days later he gave me a 3 day notice to quit (same cause of action) \

In the meantime...due to his failure to put a lock on the tenants bedroom door he had some things stoelen from his room, no one knows who but they both accused my friends or associates of doing it even tho there was no evidence of such. Landlord allowed tenant to break his lease and move out and padlocked his empty bedroom after that.

He filed another UD on the 5th of April, full of false and malicious rhetoric about me. I simply demurred based on its lack of establishing my breach of covenant in the notice.

Between filing and the hearing LL changed locks on exterior shed where rat traps were, put a deadbolt lock on the garage which is attached to house and is where our food storage is so that I can no longer access the freezer, I discovered a pit of dog feces he has liquidated with water and which runs under fence line onto public property, great stuff,

At the hearing for the demurrer I told the judge LL was acting out of retaliation, that my agreement is not with him, that I never agreed to pay 600 myself as LL claimed, etc.

LL called me a liar, said my complaints to city were fantasy and called me a burden whose bills he cannot pay any longer.

Judge told him to get a lawyer then said he would review the recorded proceeds from first case then make a decision and notify us by mail.

I do not own a car, I am a online college student and my entire semester was ruined by these complaints and continued drama. I am not passing my classes. I have been sick, literally with worry over him prevailing somehow and throwing us out. My mother has an ongoing property settlement case with him now as well and will be requesting the house be sold due to him owing her money. She has provided documents to me for the court if needed HOWEVER

Two days after the hearing LL wrote up a lease that stated it was based upon a memorialized verbage from our first hearing and is full of complete fiction, in it he demands my daughter and I share one room instead of the two we always have had, demands 600 a month for that one room and a 300 deposit. It says our "move in" date is May 8th and late fees are 50 after the 5th with a 6 dollar a day charge after that and had his signature and a place for me to sign mine. There were three copies to sign, I signed NONE.

Two of those leases disappeared, I believe he already knew the judges orders and was up to something fishy so I ignored them entirely.

The order came in the mail on friday, the judge put the first case off calendar after stating the review of the recorded hearing does not make any agreement clear enough to breach any contract nor prove the existence of a contract and he sustained my demurrer with leave to amend as the 3 day notice did not set forth any evidence of nuisance.

On friday the LL tried to get a restraining order against me for elder abuse, a complete fallacy and malicious act on his part. the judge denied the TRO.

Now, I have a copy of the tenants lease who left. I know it is the LLs duty to provide locks on doors and his responsibility to find another tenant should he let someone out of their lease OR the tenant is responsible but he wrote that fictitious lease in order to pretend like there was no other tenant and that I agreed to pay that amount.

If I have been paying no rent for two years, and only pay a portion of the utilities does that make ANY sense. If I am on a limited and fixed income that is less than the rental rate would I be ABLE to pay that? No. And he knows it.

I want to know what my best solution for countering any amended complaint may be AND what to do if he uses that false lease in court because its fraudulent all the way around. He has three empty bedrooms in this house yet all he does is harass me and my daughter, lie to the court and blame me for his problems and I have really reached an emotional breaking point.

Please advise

Arielle Leigh

Asked on 5/12/13, 1:28 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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0 attorneys agreed

You set forth a lot of information. There is no way an attorney on here can give you a short answer. You really need an attorney on your side. I realize that you state you are a college student, but you may want to talk to any legal aid services you can find, especially if there are any for tenants/ boarders in your area.

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Answered on 5/14/13, 8:33 am

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