Is there anyway to not pay my California landlord blackmail money?
921039
So ... you want to know how to screw over the realtor who is screwing you but still be able to screw the landlord, right?
549728
CA real estate broker here, and the answer is unless it says otherwise in your lease, you have every right to turn the utilities off at the end of your lease.  \n\nPut that in writing to your landlord, and tell him that you expect not to be charged for this when he returns your security deposit within the 21 day time period he has to do so, and that if he does, you will take him to small claims court for the disputed amount, court costs, and the $600 statutory damages for failing to return a security deposit to a tenant.
594707
Ignore those first two comments.  Those people don't know what they're talking about.  I don't know what the laws are in your state but I have a general idea.  I am a California lawyer who practices landlord/tenant law.  While the laws in your state will be somewhat different, the general thrust of the laws will more than likely be the same.\n\nFirst of all, DO NOT change the locks.  Self-help is more than likely not allowed in your state.  I can't imagine a single state that would allow that remedy.  If you go that route, you're looking at getting your butt sued.\n\nSecond, don't bother with the county prosecutor.  The prosecutor or District Attorney only cares about criminal acts.  Yours is a civil dispute.\n\nCheck out the website for your local county court.  Many counties have self-help sections for landlords.  Or, go to the county court clerk's office and see if they offer any free legal clinics or any self-help resources for landlords.  Third, go to your local bookstore.  I guarantee that they will have a number of books on how a landlord can evict people in your area.\n\nChances are that the very first thing you need to do is post a notice on your tenant's door to pay rent or quit.  In California, it is a 3 day notice.  \n\nIf you've never done this before, it may be worthwhile to talk to a laywer in your area who specializes in landlord/tenant disputes.  Go to www.martindale.com for a listing of landlord/tenant attorneys in your area.  If you move quickly, you can get your tenant evicted in 30 days or less.  \n\nGood luck.
388160
There must be a dept of housing or something like that either locally or at the state level you can call and find out.  Call up your local govt offices and start asking questions and get ready to deal with people who are clueless that transfer you from person to person.\n\nWith that being said your landlord is a prick, obviously.
262340
Go to the link below and get a copy of his credit report.  See if there is any hits on it.\n\nWithout looking at the lease I can't say if he is legally obligated to pay.  \n\nAlso, many landlords have their own "local" credit reporting systems through a "landlords association".  That may be why you are not able to get into another apartment in your area.    \n\nIf you are denied credit (or a lease) due to a credit report, the law says they must supply you with the source, and you are allowed a free copy of that report so you can dispute anything in it.
1034999
The 30$ fee is not required, it's bogus. You aren't going to get the lease.\nLook somewhere else.
234706
If that was me I would call the court house in S.Cal. and ask some one what u can do . You might just have to pay a small fine, Just tell them u forgot all about it since it was so long ago . Things like that have a way of finding you . So get rid of it and Chill....
745428
I used to be a property manager and I too would sent out 3 day notices, but until a court has released eviction papers, they can't seize your property, you should be calling them up and letting them know when you plan to pay.  This is normally accepted so long as it's not happening constantly.  Good luck.
517383
No. However, you are not responsible for the upkeep. Tell your landlady that you will no longer be held liable.
974246
Although technically, the previous answers are right ( you should pay your rent because of your contract etc), I would advise that you hold on to that rent payment and don't pay him! \nHe sounds like a bit of a rogue, and if he is a crook you won't be seeing the whole amount of your deposit returned (typically landlords like him make up reasons such as cleaning bills, delapidation etc in order to retain your money) \nYou're moving out at the end of December anyway and he has no power to just 'throw you out', he'd have to get an eviction notice and go through certain legal proceedures. The chances of him taking you to court are very slim, he would only do this if he thought you had caused damage to the property, but it sounds as though the property wasn't completely legal anyway (basic rights are to have a corgi certificate, working appliances etc)\nSo, I say sod him!! Good luck x
163710
There are legal ways to put your rent money into escrow, you just can't stop paying rent. There are state housing laws requiring landlords to maintain property in "healthful and safe" condition. Contact a lawyer or research escrow accounts.
501213
Document everything that has been done, when it was done, how long it took, and how long the fix lasted.\n\nCall around and ask if a lawyer will look at it.  At the same time drop a copy of the file off at the property manager's office with a note that says your lawyer is reviewing the information.\n\nYou can also drive down to the local police department and file a complaint that your landlord has created and refuses to fix unsafe living conditions.  That is a criminal charge.\n\nThat should be enough to get their butts in gear.\n\nIf not, a lawyer should be able to draw up papers, and should be able to file for damages including his fees.
609986
Contact an attorney, but don't pay by check.
958184
Yes, you will be asked to negotiate with a Mediator and the Landlord before you go in front of the judge.  You might be able to resolve all your issues at that time.  Don't be afraid.  You can handle this just fine.  Good luck.\n\nThis is usually how they handle civil matters with respect to money.
128306
This would seem to be a basic and clear violation of your lease.  As the leasee, you should have sole control over who has access to the leased area if there is nothing to the contrary in your lease agreement.  You can NOT simply stop paying the rent, however.  You must take your landlord to court if he/she does not rectify the situation.  Simply discontinuing payment may make you subject to eviction and get you put on one of the "bad leasees" lists.  I would suggest you put your request for him/her to rectify this situation in writing (date your letter) and MAIL it to your landlord via REGISTERED mail.  That creates a paper trail that you requested to have this problem resolved.  For more information, consult nolo.com for book related to landlord/tenants (see below) or, even better, consult a real estate attorney.
933798
You can't; you're stuck. Your signature on the lease is an agreement to pay the rent along with the other people who signed, regardless of what your agreement was with the other three. The best you could do is to sue them for the money that you have to pay. Even then, it's not likely that you'll get it all back; you will most likely only get them to pay 75% and you get stuck with 25%. Your agreement that you will not be financially responsible for the apartment is not likely to be upheld in court as this was an agreement to defraud your landlord and courts never uphold illegal or fraudulent contracts.\nChalk this up as an expensive lesson and be careful what you sign in the future.
189571
Here is the step by step of what you should do.\n\n1. Gather proof that you over paid him. Canceled check, statements, letters. \n\n2. Get proof of what your actual rent was; the lease, cancelled checks.\n\n3. Go to the county court house and up to the county clerk and ask for a small claims form or packet. Pay them what it costs to file the case, (usually $35), ask when it can be filed and note the date in your calendar. They will want to know if you will deliver the summons for court or if the sheriff should. I suggest the sheriff.\n\n4. If you have any witnesses to the overpayment and they can not be in court, have them sign a letter with their side of the story. Have it notarized at a bank.\n\n5. See if you have pictures of the houses condition when you left, just in case he uses the excuse that you trashed his house. If you have them and they show the house as fine, bring them to court with you.\n\n6. Write a very short story about how it happened. This will help the judge see the event in your eyes.\n\nAs to not knowing where he now lives, it might be fairly easy to deal with if you can give the sheriff the town. He then can do a search to find the guy and deliver the summons.\n\nNow, if the landlord doesn't show up for court, you will almost always automatically win. The landlord will be given 30 days to pay you. If he doesn't pay in thirty days, you go back to the court and file a contempt of court against him. He will then be given another 30 days to pay. If he doesn't pay then, you have to notify the court and they will issue a bench warrant out for his arrest. Bench warrants are not followed through with like a criminal warrant. If he gets busted for something else, the bench warrant can be served then but they dont usually go out searching for him with just a bench warrant.\n\nGood Luck! I have won a few of these cases. I only filed when the person was totally in the wrong and didn't care a hoot about me and the trouble they caused.