San Bernardino California Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession

State:
California
County:
San Bernardino
Control #:
CA-1016LT
Format:
Word; 
Rich Text
Instant download

Description

This form covers the subject matter described in the form's title for your State.This is a letter written by the Tenant to the Landlord explaining that the law generally provides that as Landlord he/she may regain possession of the leased premises in accordance with the terms of the lease by Tenant surrendering possession, or by appropriate court action, or based on Tenant's abandonment of the property. This letter is designed to put Landlord on notice that he/she is not permitted to use other illegal means to gain repossession of the premises.

Subject: Urgent Complaint regarding Landlord's Unlawful Self-Help Actions in Attempt to Gain Possession [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern and lodge a formal complaint regarding your recent actions concerning the property located at [Rental Property Address], in San Bernardino, California. Firstly, it has come to my attention that you have engaged in unlawful self-help actions with the clear intention of gaining possession of the property without undergoing proper legal procedures. This violation of my tenant rights not only undermines the established landlord-tenant relationship but also disregards the legal framework in place to protect both parties involved. It is imperative to address these issues with utmost urgency, as your actions have caused significant disruption to my peaceful enjoyment of the rental property. Subsequently, I implore you to rectify the situation immediately and refrain from engaging in further unlawful self-help measures. To provide further clarity on the matter, I have compiled specific instances of your unlawful self-help actions: 1. Unauthorized Entry: On multiple occasions, I have noticed that you entered the premises without providing prior notice or obtaining my consent, violating California Civil Code Section 1954. Your unauthorized entry is a breach of my privacy and peace of mind as a tenant. 2. Removal of Personal Property: I recently discovered that certain items of personal value were missing from the premises. Upon investigation, it became evident that you had removed these belongings without any prior notice or legal justification. This is a clear violation of California Civil Code Section 789.3 and deprives me of my personal property rights. 3. Disconnection of Utilities: On [Date], you deliberately disconnected the utilities serving the rental property, directly affecting my quality of life and safety as a tenant. This action directly contravenes California Civil Code Section 1940.9, which prohibits landlords from discontinuing essential services. 4. Property Damage: During your attempted self-help actions, you caused damage to the property, including but not limited to [describe the damages]. This violation not only breaches the lease agreement but also violates California Civil Code Section 1940.4, obligating you to maintain the rental property in habitable condition. As a conscientious and law-abiding tenant, I have tried my best to report these incidents promptly and work towards resolving them amicably. However, given the repeated nature of your unlawful self-help actions, I am left with no option but to demand an immediate cessation of these actions, a written commitment to no further unlawful self-help efforts, and the restoration of the property to its original condition. Failure to address these concerns promptly will leave me with no choice but to seek legal remedies available to me as a tenant, including initiating legal proceedings, filing complaints with relevant authorities, and pursuing financial compensation for damages caused. I trust that you understand the gravity of the situation and the potential consequences of your actions. As a responsible landlord, I urge you to rectify these issues promptly, mending our landlord-tenant relationship and ensuring a harmonious living environment for all parties involved. Please provide a written response within [reasonable timeframe] to confirm your commitment to rectify the situation and prevent any future occurrences of unlawful self-help actions. Thank you for your immediate attention to this matter. I anticipate a swift and satisfactory resolution to uphold our respective rights and obligations as defined under California law. Sincerely, [Your Name]

Subject: Urgent Complaint regarding Landlord's Unlawful Self-Help Actions in Attempt to Gain Possession [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern and lodge a formal complaint regarding your recent actions concerning the property located at [Rental Property Address], in San Bernardino, California. Firstly, it has come to my attention that you have engaged in unlawful self-help actions with the clear intention of gaining possession of the property without undergoing proper legal procedures. This violation of my tenant rights not only undermines the established landlord-tenant relationship but also disregards the legal framework in place to protect both parties involved. It is imperative to address these issues with utmost urgency, as your actions have caused significant disruption to my peaceful enjoyment of the rental property. Subsequently, I implore you to rectify the situation immediately and refrain from engaging in further unlawful self-help measures. To provide further clarity on the matter, I have compiled specific instances of your unlawful self-help actions: 1. Unauthorized Entry: On multiple occasions, I have noticed that you entered the premises without providing prior notice or obtaining my consent, violating California Civil Code Section 1954. Your unauthorized entry is a breach of my privacy and peace of mind as a tenant. 2. Removal of Personal Property: I recently discovered that certain items of personal value were missing from the premises. Upon investigation, it became evident that you had removed these belongings without any prior notice or legal justification. This is a clear violation of California Civil Code Section 789.3 and deprives me of my personal property rights. 3. Disconnection of Utilities: On [Date], you deliberately disconnected the utilities serving the rental property, directly affecting my quality of life and safety as a tenant. This action directly contravenes California Civil Code Section 1940.9, which prohibits landlords from discontinuing essential services. 4. Property Damage: During your attempted self-help actions, you caused damage to the property, including but not limited to [describe the damages]. This violation not only breaches the lease agreement but also violates California Civil Code Section 1940.4, obligating you to maintain the rental property in habitable condition. As a conscientious and law-abiding tenant, I have tried my best to report these incidents promptly and work towards resolving them amicably. However, given the repeated nature of your unlawful self-help actions, I am left with no option but to demand an immediate cessation of these actions, a written commitment to no further unlawful self-help efforts, and the restoration of the property to its original condition. Failure to address these concerns promptly will leave me with no choice but to seek legal remedies available to me as a tenant, including initiating legal proceedings, filing complaints with relevant authorities, and pursuing financial compensation for damages caused. I trust that you understand the gravity of the situation and the potential consequences of your actions. As a responsible landlord, I urge you to rectify these issues promptly, mending our landlord-tenant relationship and ensuring a harmonious living environment for all parties involved. Please provide a written response within [reasonable timeframe] to confirm your commitment to rectify the situation and prevent any future occurrences of unlawful self-help actions. Thank you for your immediate attention to this matter. I anticipate a swift and satisfactory resolution to uphold our respective rights and obligations as defined under California law. Sincerely, [Your Name]

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San Bernardino California Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession