Anaheim, CA asked in Landlord - Tenant, Civil Litigation and Small Claims for California

Q: Manager retaliatory issue that includes harassment,bullied, rent overcharges upon a mentally challenged tenant & they

They refuse to work out. Would of settled 2mo. No charge but no more. Ive hadit.$500-700$+ rent overcharges manager refuses to make good, belittles me, harassed, maintenance guy violated privacy, theft never sent letters i wrote to owner & seriously MORE issues!!

2 Lawyer Answers
Joshua D. Brysk
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Answered
  • Landlord Tenant Lawyer
  • Pleasanton, CA
  • Licensed in California

A: For residential rental issues involving a mentally challenged person: contact Disability Rights Advocates https://dralegal.org/contact-us/ or check with your local bar association for a referral to another non-profit

Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Your post is not really clear what is your issue. "Retaliatory" can be an opinion word, not a fact, you need to specifically describe what they did to you. It is nice to keep saying "they retaliated" but this does not make it so, you have to show what they did and how it was connected to your status. If you want to go to small claims to recover damages, you can be awarded up to $10,000.00, but you need to be specific about what occurred, when, and by whom; how this was related to your protected classification as a "mentally challenged" person; and you need to explicitly calculate all of your damages, and support with documentation and a summary. The SC judge is not going to do your work for you.

If you claim you were overcharged on your rent, that is easy to prove, you present the rental agreement which shows your rent amount, and you show your payments, which show you overpaid. You get judgment in your favor.

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