First, go get a free consultation from a lawyer. He/she will give you the ins/outs of the laws in your state (you could even find a renters advocacy group) and tell you how he/she will approach the case, then you can decide to hire them or fight it yourself. This will also give you a solid strategy to go to court with. Always be careful what you say (or post) in regards to the matter, and never admit any guilt, the law can be tricky.
Agriculture is our wisest pursuit, because it will in the end contribute most to real wealth, good morals, and happiness.
-Thomas Jefferson
The first sentence is the future.
Let them keep thinking Ron Paul supporters are just a little army. Every military strategy manual in the world has examples of the bad things that happen to arrogant commanders of massive armies that underestimate the enemy. They all lose. We will win because the human heart, despite its detractors, is meant for truth and freedom.
I can't tell you what to do now, but for those who fear they might be in the same position.
1) put things in writing, even if you dont want a lease, sign by both parties about a month to month contract. Do this as long as you don't trust them as family
2) take photos, better yet, have them sign the photos, this is best for both landlord and tenant to do.
3) while it's a general rule that tenants tend to win in California, it still matters who has the facts on their side, who is more likeable in court...etc. Always better to avoid court.
4) document any changes, again, by photo. So if something is damaged while you are in there, take photos and let them know immediately, this doesn't matter if its your fault or not, but if both sides know of the alterations, both are in a better position to resolve the problem.
As a landlord I have every tenant walk the entire house with a checklist and write down every defect or problem before they move in. Then we both get signed copies. Of course I take pictures of the entire house before hand. Any tenant should do the same thing.
Something to think about as to the last tenant testifing against you. She is not impartial. If you prove it was that way when you moved in it was her that did the damage. Last thing in the world she would want is that to be the case.
War; everything in the world wrong, evil and immoral combined into one and multiplied by millions.
This. You take pictures and do a short written report about the state of appliances, windows, floors and any damage that is already there. You and your landlord both sign it when you move in. That way he can't claim anything false and neither can you. Before you move out clean the place and add of a fresh coat of paint to whatever you've painted (always keep the extra paint you bought for this).Originally Posted by phill4paul
Stupid iPhone double post
Last edited by eduardo89; 03-26-2012 at 07:43 AM.
Your state should have landlord/tenant laws posted on it's website. Prior to your residence, the landlord must have been issued a certificate of occupancy. The first thing the judge will want to see is the contract (lease). If there isn't one, he has no case.
Did you take pictures of the place when you moved in? It is always a good practice. Since you are being sued by him, I would stop paying rent right now. Make him jump through the loops to get you evicted. Renter laws most often favor the renters. You could stay in the place rent free. In California I hear now that it can take up to 11 months to get a dead beat out of your rental if they decide to fight the eviction. If you lose the case I would just not pay the judgement. Let him try to collect. The fact that it is a criminal warrant concerns me though. I would suspect the DA would have to file charges against you. This would on the face seem as if it was a civil matter.
You may not have had a lease, but did you pay with cash or check? If you paid with a check he can use that as proof of you living there.
I paid with cash always and he isn't suing me. He is trying to get a criminal warrant taking out against me. guy is freaking nuts.
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