Placerville Apartments v. Gutierrez

No. WS96-0826 (Placerville, Cal., Mun. Ct. Nov. 25, 1996). ; Clearinghouse Number: 51577

Description

Eviction from Farmers Home Administration Housing Dismissed for Landlord’s Noncompliance with Notice Requirements

Abstract

The court has held that plaintiff landlord may not evict defendant tenant from a Farmers Home Administration (FmHA) housing complex. Landlord alleged that tenant had been served in July 1996 with two warning notices on noise violations and that in September 1996 the police had been called because of a disturbance involving her estranged husband. Tenant denied having received the July warnings. At trial she testified that she never received any written notice other than a three-day termination notice, which landlord sent her after the domestic violence incident. The police officer who responded to the September 1996 incident and was called as a witness by the management company, testified that only one incident of domestic violence occurred. Agents of the management company testified that they could not recall whether they served the warning notices in the manner required by FmHA regulations. The resident manager had no record in tenant’s file of proper service of the notice. The court found that landlord had not complied with the mandatory written notice requirements of the FmHA lease agreement and dismissed the eviction action.

Additional Information

Attorney Information
Defendant represented by Daphne L. Macklin, W.H. Whitaker, Legal Services of Northern California, 190 Reamer St., Auburn, CA 95603; (916) 823-7560.
Docket Date
1996-11-25 00:00:00+00:00