Attn to: Cunt Bitch

Joseph,

I did enjoy my time there a lot; Alex and especially yourself were very pleasant roommates and as I said I'm very sorry things got to this point. However, be things as they are, this is how I would like to see things go. Changing the locks, mailing my things, and paying for the locks and cleaning out of the security deposit is not acceptable or at all legal. I would like my security deposit back in full and the remainder of the month's rent. Depending on when you changed the locks that works out to around $200-250. Seeing as you essentially evicted me when the locks were changed, I think that's fair. I will come back for my things and car and be happy to give you any keys and the garage door opener, and that will be that.

Let me outline my reasoning behind this,

Entering my room without either providing 24 hours advanced notice or in the event of an emergency is against the law, specially Civil Code 1954, which states:

(a) A landlord may enter the dwelling unit only in the following cases:    (1) In case of emergency.    (2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.

Had the room been broken into or the condo been broken into, that would have constituted an emergency, however as that was no thecase entering the room in the first place without first asking is not only a violation of privacy but a violation of the law. In second, asking to pay for changing the locks out of my deposit is completely illegal. California Civil Code Section 789.3 states that:

(b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully:    (1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;    (2) Remove outside doors or windows; or    (3) Remove from the premises the tenant's personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.

 (c) Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following:    (1) Actual damages of the tenant.    (2) An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section.  In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action.  Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages.    (d) In any action under subdivision (c) the court shall award reasonable attorney's fees to the prevailing party.  In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action.  The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law.

My point being, not only is it completely improper to lock me out and then retroactively notify me, it is illegal. Asking me to pay you for essentially illegally evicting me is also not legal. In addition to this, it is against California Civil Code 1947 to evict me without providing 30 days notice via registered or certified mail, as is stated:

1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section

1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his intention

to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30

days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by

giving at least 30 days' written notice thereof at any time and the rent shall be due and payable to and including the

date of termination. It shall be competent for the parties to provide by an agreement at the time such tenancy is

created that a notice of the intention to terminate the same may be given at any time not less than seven days before

the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section

1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other

party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the

agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by

delivering a copy to the agent personally.

In regards to the cleaning costs, as you stated the things that needed to be dealt with were two pizza boxes, an apple in a trash bag, my clothing and a few used cups and silverware.This would have taken about 15-20 minutes for me to clean had I been given notice I was being evicted, and thus since I was given no opportunity to respond, prepare, or even know that the room was to be put in the condition to which it was rented to me, it is not my obligation financially to pay for it.

The way it breaks down is follows; on my side, I went on vacation, and then the day before returning, find out I'd been illegally evicted the previous week with no warning for the reason that my room was illegally entered and you were bothered by it being messy and having found shell casings I use to make belts for my brother's clothing company, all of which is legal. Overnight I'm suddenly homeless, and then I'm told that I am expected to essentially pay for the costs of being illegally evicted. I have no where to stay now in Los Angeles, so until I find a new apartment, which is a long, difficult, and annoying process, I am going to be living out of my car. 

Legally, I can do the following things. As I have been living there for more then one month and receiving mail, I can not legally be evicted without going through the eviction process. This means that I have full legal right to enter and live there until I am legally evicted, which will be enforced by police (I had a friend who was on the other end of this situation, and the police are required by law to ensure I have access to my things and the room I have paid for). I am also entitled to $100 per day that the locks have been changed, with a minimum of $250 for changing them in the first place, as you can read in civil code section 789.3. That code also states I am entitled to sue for moving costs, lost revenue, attorneys fees, filing fees, and other damages. Those are my main legal options at the moment, however because four separate civil codes were violated, I do have more options.

Now, all that being said, I would like this to be a clean break and continue, as incredibly inconvenient as this is, without getting mired in this. As I said, all I am looking for is my security deposit in full and the remaining rent already paid for the month. I do not want to continue living there, even if I am legally obligated to, as it would be awkward, uncomfortable, and hostile. Regardless of that, I do recognize that essentially throwing me on the street with no notice is completely illegal and I will not under any circumstances pay for it out of my rent or security deposit. I'm really frustrated, stressed out and wanting to get out of this situation, despite the fact that the next few weeks are going to be a nightmare because of this and I have substantial legal rights in this situation.

As I said earlier, I would like to arrange to pick up my things, vehicle, security deposit and remaining rent and drop off the keys and garage opener, and then chalk this up to a mutual learning experience. I hope you will agree with this after carefully reading and let us both move forward from this. As I said, I very much enjoyed my time there, but I do know my rights and I absolutely will not both be illegally evicted AND pay for the experience. 

Thank you,

-Kody