Rental conflict Landlord & Tenant
The information is true and accurate
Background:
Entered into lease on 2-18-2008 on home at 760 W loop drive.
Landlord comes to home 760 w Loop 1 to 2 times per week.
First 6 months they came 3 to 5 times each week. Virginia complains.
They do yard work. Disturbs Virginia.
Rent paid on time
Not a single notice of poor care on the maintenance of home in over two years. No letter or complaints.
Doug gets laid off in January of 2009 from his employment in LA. Informs Jones not sure what we will do.
Lease ended 3-1-2009
They want us to stay and indicate they will reduce the rent.
Month to month for over one year. Rent offered at 3,400, missed acceptance date by few days and they changed proposal to 3,600. Doug accepted.
Time – Line & Key Issues:
2-02-2010; Notice of trust deed sale for 2-23-2010 that is posted on our gate is removed by Landlord.
2-20-2010; Landlord hand delivers a 30 day notice to Virgina.30 day notice states to move out on 3-20-2010. This is 28 days. We are informed that their house at 85 Altamont Way has been sold. They indicate they will move back-in.
February; Doug does internet searches and discovers their legal problems.
Doug sends letter stating regulations; 60 day not 30 day notice needs to be provided.
Doug checks with real estate agent to see if their 85 Altamont road house has been sold…it has not.
Landlord insists on 30 day notice and will only accept and asks for rent at $2,400 for the 20 days. If we pay we this would show acceptance of the 30 days notice. Every day we would stay after 3-20 would be $225.00 per day per lease agreement. Doug responds that there are issues and not able to accept 30 day and will put rent into a separate account.
Doug seeks counsel and becomes aware that trust deed sale would create a possible double payment. Two different Trust Deed sales scheduled one by Wells Fargo and one by IndyMac.
Receive letter from Jones that they are giving us a 24 hour notice to inspect home. On 3-06-2010 they come on Saturday one hour early. Landlord lady confrontational with Virginia. Landlord man asks for 2,400. Doug states he will pay the rent they are owed. Gordon wants post dated check. Doug says no. We need to agree on move-out date. Talk in few days to clarify. Request to place our security deposit into escrow.
I call IndyMac bank and they indicate they are going to purchase home 760 w loop. Protect their large second. They will buy first mortgage from Wells Fargo.
3-12- 2010; Landlord comes by at 8:00am and gives Virginia 3 day notice.
3-21-2010 Sunday, Both landlord, and their daughter come by early afternoon without notice. Daughter has video camera and filming discussions with Doug. Accusations and threats. Doug mentions letter in mail box that has been sitting for 5 days. Landlord gets letter and says that this would be agreeable. Doug informs them that the house we could move into at the end of March falls apart.
We hear screaming and we all begin to run up the driveway to back of house. Landlord lady walking down driveway back to us and says she will come every day and disturb us. Virginia comes out to a deck above us and says that Landlord lady has just told her; “I am going to kill you”! Landlord lady asks Virginia to come out of the house and fight her.
I suggest to landlord man we should end this now and talk later.
3-23 -2010; trust deed sale on second for 85 Altamont road and 760 w loop postponed to 4-06-2010, 85 Altamont road is the house they are living in.
3-25 trust deed sale occurs IndyMac bank as the third party buys 760 w loop. House we are living in. I call and get verification from trustee and IndyMac bank.
3-25-2010; Jones file bk chapter 7. List no assets.
3-26-2010; Son-in-law comes to home and serves Doug with Unlawful Detainer. Removes lock and opens gate and comes to front door.
We respond in the 5 day period to UD.
3-29-2010; Doug sends letter to Landlord and asks for the deposit to be placed into an escrow account as agreed. The amount is $5,200.00
3-29-2010; Virginia and Doug go to sheriff’s department and discuss the situation. They suggest to post no trespassing signs, secure entrance gates with secure locks, and to call them on other incidents.
3-29-2010; purchase chain and post two no trespassing signs.
4-02-2010; Doug calls Indymac foreclosure department and discusses situation. They had been informed funds have been placed into a separate bank account. They review with legal department call me back and provide insight into new issues. Indirectly, inform me a bk has been filed. Know we are in house and funds are in their Camarillo bank. Rent set aside for whoever is to receive it.
4-03-2010; Daughter and son-in-law come by and yell to let them in. Have camera and taking pictures of me asking them to please leave. They yell that they want the April rent and to give them a check.
4-04-2010; Landlord lady comes by and rips down no trespassing signs. Yells and screams at Virginia. Virginia calls me, has heart palpitations. I call police. Two officers come and get report. They see her and are concerned that she may need to go to hospital and they will take her. She decides not to go. Officers go to Jones.
Virginia’s family has asked her to leave the USA. She is departing on April 14, 2010 to Lithuania. Family; “Even under Soviet control it was safe in your home”. She will stay at least two months.
4-05-2010; Doug deposits April rent into Indymac bank account. Total deposit for rent is now $7,200.00
Legal issues:
Doug responsible for lease. Doug signed lease. Virginia did not sign. The copy of lease Jones sent into court on the Unlawful Detainer had her forged signature. The fact is; they signed and forged her name.
Disruption of our living conditions. Intolerable over the last three months. Unequivocally, we have not had “Quiet enjoyment”.
Fraud; Withheld information to harm us. Taking down posted signs on trust deed sale. Want funds after BK. Do not inform us of BK or Trust Deed Sale.
Perjury; False information that created expense and hardship. Informed bank that they are living at the 760 w loop home.
Threats of violence and injury.
Blackmail; unless you do what we want we will damage your credit. Accept their 30 day notice.
Harassment; yelling, screaming, and aggressive confrontations. Coming to the residence and picking fruit to offend Virginia. Changed entrance gate so automatic opener will not work. Items broken. Automatic sprinklers changed causing us to hand water. Inappropriate legal action. Come to residence without notice. Landlord, I’ll come every day to disturb you!”
Ventura building code violations at their home at 85 Altamont road.
Action to make us accept 30 day notice. (Albeit it was a 28 day notice)
Threats to harm our credit and keep us from attaining new residence.
Economic harm; actions and misinformation from the Jones have cost us significant expenses and financial losses.
Legal points:
1. Tenant 60 day notice from landlord not 30.
2. BK 7; owner rights of ownership are given to BK court when debtor files. UD filed one day after BK filing.
3. Homestead; home you are living in.
Home Ownership and Bankruptcy. If you are behind on your mortgage payments, you will almost certainly lose your house if you file a Chapter 7 bankruptcy. Your mortgage lender will ask the bankruptcy court to lift the automatic stay to begin or resume foreclosure proceedings
* Bankruptcy of Hyman (February 1991): According to a 9th Circuit U.S. Bankruptcy Appellate panel, a debtor's principal residence is not exempt from being taken over by a trustee in a Chapter 7 bankruptcy. "If (the debtors) wanted to hold onto their property they should have sought reorganization under Chapter 13 and not under the liquidation provisions of Chapter 7."