Saturday, July 31, 2010

Legal Advice about eviction- Please and thank you?

Hi, thank you for reading my posting.


Im looking for advice on the situation with the owner of my apartment.


I would like to take him to court for discrimination.


He is a chinese man that is very discriminate against myself and daughters.


I am a single latina woman and he is wanting to kick me and my daughters out. He has told us he just wants asian tenants and he is making up all kinds of lies/excuses to make us leave. We have lived here for 13 years and I have always taken care of the building for him. Every time one of my daughters goes out to throw the trash, he follows her and watches their every move.


If anyone can please give me any advice, I would greatly appreciate it. Im a single mother with no where else to move.





What are the procedures for me to bring him to court?


What are my chances of actually bringing upon change?





Thank you very much.


ps. i live in LosAngeles!Legal Advice about eviction- Please and thank you?
Following a tenant is NOT discrimination.Legal Advice about eviction- Please and thank you?
';The Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq., specifically prohibits housing discrimination on the basis of race, color, religion, sex, sexual orientation, marital status, *national origin*, ancestry, familial status, disability, or source of income.';


From http://ag.ca.gov/publications/civilright鈥?/a>


[emphasis added]





That page also explains what to do, and who to contact for help.
Yes, that is discrimination and it is illegal. Call your city Housing Authority and ask them what to do. They will know how to handle it in your city. They may have a city attorney's department that can get you legal representation also.
www.dca.ca.gov





You might not be able to prove that he is descriminating against you. However LA might be one of those rent controlled cities which would make it harder for him to get you out. As long as your paying rent I dont understand what his problem is.
First of all you need to find out what the tenant/landlord laws are in your state. Did he just buy the building? Because after 13 yrs of living there he may have another reason. If he just bought the building and has actually said to you that he prefers his own race than, yes, it is discrimination but it is very hard to prove this w/o witnesses that heard him say this. Also, if he as any other cause for eviction he can use this against you. The best thing to do is contact a legal advisor or attorney or better yet, take him to small claims court since it is a civil matter. This requires a small amount of money to do so and if you win he will have to pay the court costs, as well as any other fees that have accrued to take him to court.





Landlords cannot evict you unless you have breached your lease in any way. Even if you have not paid your rent they cannot evict you without taking you to court. However, if he refuses to take your rent checks because he want you out he is breaching the lease and the only way you can protect yourself is to take him to court. The police will say it's a civil matter. Good Luck and don't aggravate the situation. You will only aggravate the situation if you are rude to him/her in any way. Take this from someone who is in a similar situation. It's better to wait it out and when the lease is up, move out. You will have your deposit and that months rent to do so.:)

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