QUESTION
How do I respond to false allegations on tenant's answer?
Asked on Dec 12th, 2015 on Landlord and Tenant Law - California
More details to this question:
I'm a landlord who rented 2 rooms to a friend. With the agreement that PGE cannot be turned on period because I cannot afford the bill my daughter made by lying to me about payment though I'm on oxygen. She moved out the day I found out. Anyhow my friend desperately wanted to leave her dads house, so since my daughter moved out of the inside of the house, and I've been in the studio attached plus my shop was empty, if she wanted to leave that bad she could move in and use a generator but rent is still rent and water is to be paid by her. I live with my son in studio , we all share bathroom, her two rooms are inside. We share the common liv ing areas but rooms are hers and her childrens. Rent is as follows: Rent is $800 per month, for 2 rooms. And in exchange of partial rent, repairs that are needed may be done and deducted monthly off rent. And must be discussed prior to rent due following month and must be signed by both parties. Then tenant signed for a program that would help pay first , last, and deposit, per income and need. Her income only qualified her for a home with rent that was $200. I never asked for any of that, I was just renting 2 rooms to a friend.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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What were the false allegations? Was there a written rent agreement? Since we do not have all the facts, it is impossible to give a completely accurate answers. I strongly suggest that you contact an experienced Landlord/Tenant attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 04th, 2016 at 2:46 AM
I do not really understand your question. Is it your daughter or a friend? Why did you move to evict her? What were the false allegations? In an unlawful detainer action, you file suit, the tenant can file an answer if they want, you do not respond in writing to the answer, and both sides then present their side of the story to the judge who rules on the cases. You can also present witnesses who back your side and documents [have to give a copy to defendant at least at time of hearing]; many judges will not allow the parties to ask questions of each other or the witnesses. If there is a legal issue involved, it is best to research the law and give the judge your written arguments; it normally is best to give the judge a summary of your facts, responses to the defendant's claims, and breakdown of the damages. If there are local rent control laws or government assistance involved, you need to look up the relevant law. ?There are some landlord organizations that might help, but tenants almost always have the assistance of legal aid or tenant organizations, many of whom consider all landlords evil and will raise any argument they can to try to defeat you.
Answered on Jan 04th, 2016 at 2:45 AM