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    tom_the_tenant's Avatar
    tom_the_tenant Posts: 2, Reputation: 1
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    #1

    Sep 18, 2008, 01:21 AM
    Evicted by a law landlord didn't know!
    San Diego, CA

    Landlord evicted me, my friend, and brother after 4 months of a year lease because he wasn't aware of the cities 'High Occupany Laws' that were passed months before my signing the lease. It states no more than 5 people can live in a single dwelling without off street parking. It just so happens there is 8 people total in this 8 bedroom home with 2 offstreet spots. I wasn't aware of the law prior to being evicted... ignorance is no excuse for the law??
    Do I have any rights to get some financial relief with moving expenses and missing work to move out? Is it worth it to take this guy to court for putting me in this position?
    Thanks!
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Sep 18, 2008, 06:29 AM
    Were all 8 of you on the lease?
    tom_the_tenant's Avatar
    tom_the_tenant Posts: 2, Reputation: 1
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    #3

    Sep 19, 2008, 05:34 PM
    No, only the three (myself, friend, and bro) were on one lease. The 'upstairs' tenants are on a separate lease agreement. I also spoke with the neighborhood compliance inspectors and they said they told my landlord that no more than 5 could live in the house (law passed January 2008) and as of Sept. 1st they would start enforcing it; furthermore, the landlord knew in January that he couldn't lease through Sept. I signed the year lease June 1st. 30 minutes after my rent check cleared (sept) he called and served me the eviction.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #4

    Sep 19, 2008, 06:54 PM
    I guess I don't really understand how the leases were set up, but regardless - I was trying to see if he was trying to get rid of people who weren't on the lease.

    I would say at this point you would just have to file a suit against him in small claims court and see what a judge thinks. From what you've said, I think you'd have a decent case. I would try to get anything and everything you can in writing. A letter from the neighborhood compliance people, or whatever you called them, would be most helpful. Especially saying that the LL knew about this before he leased to you.

    It's fairly inexpensive to file a case in small claims, so you wouldn't be out too much - even if you didn't prevail.

    I do think that you'll definitely need some written documentation and proof. Just going into court and making claims (that the landlord knew about those rules before leasing to you) without ANY evidence usually doesn't sit too well with judges.

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