Q: Can I request a fair hearing?
What forms do I need to get a fair hearing? The judge didn't let me show or explain anything,I worked very hard on my testimony and have proof of all defenses as to why I shouldn't have to pay my landlord.The court was very unfair and I was already nervous by the plaintiff attorney who was speaking to me in a attorney type voice but I couldn't help but to get a lil scared so by the time it was my turn my whole anxiety kiked in.I lost and I want to ask for another trial . I have dealt with enough from a broken mailbox to identity theft to things like doorbell led pain drawer someone coming inside my home and changing mail key birds in the walls and rooftop ,shower don't work so I can only take baths, my power was shut off,every device I have every email and phone number gets hacked it's kinda scary,I get no privacy,and the landlord threatened my daughter saying sheriff's were coming to get out ,he didn't think I was going to answer,the apartment is not up to date. Legal advice please
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- California
- (916) 704-3009
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- Answered
A:
I understand you're feeling frustrated with the outcome of your court case and the issues you've experienced with your rental property. Here's some general information about requesting a fair hearing or appealing a decision in California landlord-tenant cases:
1. Appeals process:
In California, you generally have 30 days from the date of the judgment to file an appeal in most landlord-tenant cases. The process and forms needed can vary depending on whether your case was heard in small claims court or a higher court.
2. Request for reconsideration:
In some cases, you may be able to file a motion for reconsideration if you have new evidence that wasn't available at the time of the trial. This must typically be done within 10 days of the judgment.
3. Forms and process:
The specific forms needed depend on your court and case type. You may need to file a Notice of Appeal and other related documents. It's best to contact the court clerk where your case was heard for guidance on the exact forms and process.
4. Legal advice:
Given the complexity of your situation and the multiple issues you've mentioned (identity theft, privacy concerns, habitability issues), it would be beneficial to consult with a tenant rights attorney or a legal aid organization in your area. They can provide personalized advice based on the specifics of your case and help you navigate the appeals process if appropriate.
5. Documentation:
Gather all relevant documents, including your lease, correspondence with the landlord, evidence of the issues you've mentioned (broken mailbox, shower problems, power shut-off, etc.), and any other supporting materials. These may be crucial if you're granted another hearing.
6. Tenant rights:
California has strong tenant protection laws. Issues like habitability problems, privacy violations, and illegal eviction threats are serious matters that could strengthen your case.
Remember, the appeals process can be complex, and there are strict deadlines. It's crucial to act quickly and, if possible, seek professional legal guidance. Many areas have tenant rights organizations or legal aid clinics that offer free or low-cost assistance to renters.
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