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TenantNet Forum Archives 1996-2002
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Posted by Katie on May 13, 1997 at 03:02:16:

two years ago I signed a six month lease. I refused to renew because the
landlord refused to make repairs to the dishwasher, microwave, and other
areas in the house. I sent a registered letter in Dec. of 94 stating that
I would move if repairs were not made. i received a notice stating that
I was responsible for upkeep and maintenance of all appliances. I gave
thirty day notice on Jan. 3, l995 and withheld rent of $750. Landlord had
security deposit of $1025. Landlord filed an unlawful detainer. I answered
stating I had already moved out. Went to court on Feb.17. Landlord
admitted in court receivng keys and written statement stating I had moved
out on Jan. 27. Decision was for $887.00 for Landlord. This was rent
plus late charges. OK. Also, Restitution Mute. Which I understood meant
that there was no proceeding for eviction since I had moved out prior to
the court date. Here is the problem: Judge stated in court that Landlord
had three weeks from date I moved out (CA state law) to render accounting
of deposit. When I did not receive I sent Landlord a registered letter
requesting $147. which was the difference between my deposit and the
Judgement. Got a letter back from Landlord stating that they could not
render accounting of my deposit until they knew what the decision of the
judge would be on the unlawful detainer. I then received a Bill for an
additional $512.00 after landlord retained my full deposit. This was more
than one month after I had moved out I ignored since landlord was outside
the limit for rendering accounting and since she had charged me for
eviction proceedings and taking a sheriff out to evict me four weeks after
I had already MOVED!!
Two years later - Dec. 96 I got a summons to return to court for an
order of examination. I asked if I could prove to the judge that I had
already paid the judgement. I was told no, I had to fill out the OR.
I did so. The judge then heard both sides. Landlord was asking for another
$1500.00 in damages. Judge decided I owed an additional $276. for cleaning
and the costs of a writ and sheriff to evict me, even though he agreed
that I had moved out prior to the hearing and was had not lived in the
house for one month prior to the sheriff attempting to evict me!!. When
I went to the courthouse to attempt to pay this money (even though I didn't
owe it) I found several letters from the landlord to the judge. She
told him she would take it personally if he found against her. She
wanted him to reconsider. I wrote him a breakdown of what had actually
happened. The judge sent me notice he stood by his order of an additional
$276. I paid the landlord this money. When I went to the courthouse
to see if the judgement had been lifted I found another two letters from
landlord. She was requesting sitting down with him personally and
"discussing the matter". I then received notification from the court that
the judge had reversed his decision and I owed an additional $887. (the
amount of the original judgement). I wrote a letter, restating the facts.
I was told that the judge had my letter sent to the landlord. I then
received a summons into court to resolve the matter again. WHAT'S UP!!!
Is there a way I can object to this judge. I think there is a relationship
between he and the landlord. I was never advised of the communication
between them after his decision. And his decisions are completely screwy!!
I can't afford a lawyer. Doesn't the judge have to go by the law? How can
she continue to request additional money two years after I moved out. She
is now claiming another $1100.00 in damages, bringing the total I would
pay to $2125.00 on a $877.00 judgement. All I did was follow some para-
legals advice not to pay the rent due to repairs being necessary and she
was holding a deposit in excess of the rent due. NOW I AM GOING CRAZY WITH
ALL OF THIS> WHAT CAN I DO? I am afraid at the next court date this
crazy judge will Put me in JAIL! I think the OR was improper since
she retained my deposit which paid the judgement. Since she was not in
the time frame for rendering accounting of my deposit, how can she request
more money from me. Also, she never filed for these additional charges,
she just went into court on the OR and said she wanted this money and he
gave her part of it. HELP ME PLEASE> thank you

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