Rajmontry v. Hovannisian

No. 570176-8 (Cal. Super. Ct. Fresno County Oct. 28, 1996) ; Clearinghouse Number: 51578

Description

Landlord Enjoined from Fraudulently Notifying Tenants Whose Rent Is Past Due That Sheriff Will Evict Them

Abstract

Pursuant to the parties’ stipulation, the court has permanently enjoined defendant landlord from falsely notifying his tenants that the sheriff will evict them. Plaintiff tenants alleged that landlord routinely posted notices on the doors of tenants who had allegedly not paid the rent; the notices stated that the apartments were vacant and that landlord would arrive the next morning with the sheriff and a moving van to vacate the property. Tenants asserted that landlord’s notices were a fraudulent attempt to extort their legal right to remain in their tenancies in violation of state law, the warranty of habitability, and the Racketeer and Corrupt Organization Act, 18 U.S.C. §§ 1961 et seq. They also claimed that landlord’s actions constituted an unfair business practice and breached the covenant of quiet enjoyment of their residences. The court permanently enjoined landlord, as stipulated, from distributing, serving, posting, or delivering to any tenant any notice that falsely misrepresented facts, including any notice that stated or implied fraudulently that law enforcement personnel would be asked to evict any person, vacate any residence, or cause to be moved any tenant’s property. Also, landlord agreed to make no adverse report about tenants to any credit reporting agency and to forgive tenants’ rent. Tenants agreed to vacate their apartments.

Additional Information

Attorney Information
Plaintiffs represented by Jack Daniel, Central California Legal Services, Inc., 2014 Tulane St., Suite 600, Fresno, CA 93721; (209) 441-1611.
Docket Date
1996-10-28 00:00:00+00:00