Need advice to respond.

My landlord's agent gave false information, and withheld information that would have deterred me from renting. Then, utilities including phone, internet and water were not available due to previous tenant's lack of payment. I reminded agent that I stipulated I'd move in same day as last tenant departs only if utilities were available and stated that I would take credit in October for the days when utilties were not available. This was made clear early in September. The rent with deductions was delivered on Oct 1st. The agent was on-site and confirmed all was well on Oct.4th. On Oct 9th, the agent called screaming, threatening and name calling and later called apologizing. On Oct 10th, he served me a 3-day pay or quit notice.

I have notified the owner asking that he proceed personally or through a different agent, yet the same agent that threatened and verballized sexual and cultural prejudice.

How do I respond in an attempt to block the eviction and show the Landlord's fraudulence, breech of our rental agreement, etc and regain my lost expenses on this very expensive move?

Thank you in advance for your help.

I'm curious as to whether you've notified the owner of the premises (preferably in writing) as to the terms you accepted the property under? Was anything ever set down in writing over and above the terms of the lease? Is any documentation available? If so, I'd suggest written correspondence with the owner him/herself with as much as you can provide (keep copies for your record.) I'd also (quietly and calmly) specifically outline each and every instance the agent has contacted you, reciting the instances as factually as you can and stress your willingness to work directly with him/her (the owner.) I'd ask the eviction be put in writing (from the owner,) along with the timeframe involved, as typical eviction notices require at least 30 days. (Depends on your jurisdiction.) Personally, in the type of circumstances you've posted, I'd cease all contact with the agent, other than to send copies of your letters to the owners..certainly I wouldn't accept any more of the phone calls you've mentioned..but I would definitely keep in written contact with the owner. In some states, I believe the tenant is required to at least attempt resolution before proceeding with litigation. It's also entirely possible the owner has no idea of the agent's initial arrangement, possible mismanagement or any other agreements you had.

If you can't come to terms with the owner, there may be tenant unions in your neighborhood available to help settle tenant/landlord disputes. If you can't find any near you, you can either confer with an attorney in your area (possible wrongful eviction suit?) or depending on the maximum statutory amounts in your jurisdiction, follow up in small claims court but only after you're evicted. An opinion here, and not legal advice. An attorney can better evaluate your individual situation, if you're either unable to find a tenant union near you or can't reach an agreement with the owner. At this point, I see no reason for you to be reimbursed for moving expenses; you're still occupying the property and unless you've already been evicted, this appears to be a simple (or not so simple) dispute.

Just a few suggestions here. Hope some help. Good luck.

Thanks The Jury's Still Out - sounds like I'm on the right track as I have kept a log of eyebrow raising contact with the agent. I faxed the owner earlier today and the agent delivered the 3-day notice several hours later. In the fax, the owner was asked not to use this agent due to his threats. Maybe the owner and agent have not talked since my fax. Still, since the response I got to the fax sent to the owner was a delivery by the agent in question so I must prepare for my next step - find legal assistance for the financially challenged and now strapped. My lease does stipulate my home business (music lessons) and I've logged conversations about the required utilities to run this home business. To clarify - I would be looking for reimbursement of my losses caused by a former tenant I am not connected to, I would only hope to seek the additional moving expenses if/when they occur - after an eviction. Your advice encourages me since I seem to have begun the steps you mentioned. If you have any more specific advice on finding free legal assistance in Los Angeles County, please let me know. Otherwise, thanks again for your time and experience.

You're welcome. Landlord/Tenant Book - California Department of Consumer Affairs may help with regards to either a tenant union or legal assistance. Again, good luck.