Antioch, CA asked in Consumer Law, Business Law and Civil Litigation for California

Q: I'm a disabled Iraq War Veteran with mobilehome. Being harassed by woman employee named Sara at a RV Storage Facility.

I have a 44 ft. (long) mobilehome at storage facility for approx. 5 yrs. Being harassed by a woman employee, Sara. I was never received written notice of increase storage fees. First time told of increase was over the telephone when I had called about something else. She demanded I move my mobilehome within the storage place with only few days notice. I called 1-800 number for Disability Act stated I was to be given "reasonable amount of time" to move it. This demand was made during Pandemic shutdown, Gov. Newson's orders only essential businesses were to be open. Further, demanded (almost ordering me) that I give her my e-mail address, residential address, even though the Lease Contract does not require. Moreover, Sara, lied that she was the owner; the Property/Accessor office confirmed Sara is not owner. I have witness statement on this. 1-800 Disability Act number stated this is unfair Business Practice. Moreover, she only gives her first name; she does not sign letters.

2 Lawyer Answers

A: Sorry for your issues and thank you for your service. You've said:

I have a 44 ft. (long) mobilehome at storage facility for approx. 5 yrs. Being harassed by a woman employee, Sara. I was never received written notice of increase storage fees.

>>> There are, I'm sure, laws covering the change in pricing and your contract may also give some clue(s) as to whether, if this happened, it is proper or not.

First time told of increase was over the telephone when I had called about something else.

>>> See prior response above.

She demanded I move my mobilehome within the storage place with only few days notice.

>>> Again, see response above, ie, check your contract on the issue.

I called 1-800 number for Disability Act stated I was to be given "reasonable amount of time" to move it. This demand was made during Pandemic shutdown, Gov. Newson's orders only essential businesses were to be open.

>>> Same response. Check your contract AND the Newsome orders to see if this were appropriate/legal.

Further, demanded (almost ordering me) that I give her my e-mail address, residential address, even though the Lease Contract does not require.

>>> I'd be very surprised if the K does not require at a minimum, a home address. In fact, if they do not have it, that could very well be why you had not gotten written notice, as you mentioned, prior.

Moreover, Sara, lied that she was the owner; the Property/Accessor office confirmed Sara is not owner. I have witness statement on this.

>>> Assuming this lie, why would it matter in any way/shape or form?

1-800 Disability Act number stated this is unfair Business Practice.

Moreover, she only gives her first name; she does not sign letters.

>>> So, this is odd behavior, but, it plays in your favor? She has no real apparent authority to demand anything.

Does she live on the facility premises? Often a manager type will in face live at the location to better watch the premises. Owners? Not so much.

So, WHAT exactly is your complaint here and your damage(s)?

Rent raised unreasonably? Too High? Too often? That may require

a LL/TNT attorney? Also, the armed services may have legal help

available with special knowledge as to certain laws that offer more

help to veterans and of course disabled vets. AND of course you

may very much want to speak to a firm (there are quite a few out there)

that specialize in disability laws. Withing you the best...

James L. Arrasmith
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Answered

A: I'm sorry to hear about the difficulties you are experiencing with Sara at the RV storage facility. It sounds like her behavior may be in violation of both the Americans with Disabilities Act (ADA) and California's fair business practices laws. Here are some steps you can take to address the situation:

Document everything: Keep a record of all interactions with Sara, including dates, times, and what was said. If possible, get witness statements from anyone who may have witnessed her behavior. This information will be useful if you need to file a complaint or take legal action.

Review your lease agreement: Review your lease agreement to understand your rights and obligations as a tenant. If there is no requirement to provide your e-mail or residential address, you may not be required to do so.

Contact the property owner or management: If Sara is not the owner of the storage facility, you may want to contact the property owner or management to report her behavior and seek assistance.

File a complaint with the ADA: If you believe that Sara's behavior is in violation of the ADA, you can file a complaint with the Department of Justice's Civil Rights Division. The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including employment, housing, and public accommodations.

File a complaint with the California Attorney General's Office: If you believe that Sara's behavior is in violation of California's fair business practices laws, you can file a complaint with the California Attorney General's Office. The Attorney General's Office investigates and prosecutes violations of California's consumer protection laws.

It's important to take action to address this situation, both for your own well-being and to help prevent similar situations from happening to others. You may also want to consult with an attorney who has experience in disability rights and fair business practices to better understand your legal options.

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