Manager is a nut?

I reside in California. Here is my scenario, I will try to keep it as brief as possible. I moved into my residence 15 months ago and every since I have lived here my manager has harassed me. The first weeks I was here, I caught her looking through my windows, standing outside my door late at night, she barges in when she comes to your door and makes false allegations constantly. After the first month of living here my spouse was given a doctors prescription stating she needed a companion animal. After getting her one, the manager went crazy stating I was “undermining her authority” and proceeded to go out of her way to torment the animal. (i.e. spraying him with water, placing Cajun pepper where we walk him, etc.) The manager let up on the animal once the owner, who lives in Mexico, came for his yearly visit and said it was okay for the animal to be here.

I am going to tell you about several “coincidences” that have occurred since residing here. The manager complained about my daughter’s truck being parked on the premises occasionally, shortly thereafter it caught on fire. The manager complained that I had too many vehicles, shortly thereafter all the lug nuts were loosened on the front tire of my pickup. The manager complained my scooter was in the way, shortly thereafter two individuals tried to steal it. Just recently, the manager wanted me out and when she found out she could not do it in the manner she was trying, I caught her out by my pickup writing down my license plate, and shortly thereafter, my pickup had sand in the oil. Now I know I have no solid proof of these “coincidences” but they sure seem to happen “shortly” after the manager complains.

The manager is on worker’s comp from an injury at another employment and is hooked on oxycodone and liquor. She has no qualms about telling you this either. She has verbally assaulted another resident, calling her a fat f**** b*** and told her she would snap her like a twig, among other things. The manager brags about this to the other tenants including my spouse but called the owner and told him that the tenant was the one who attacked her and that tenant was thrown out immediately after. There was another tenant who had his pacemaker turned off because he was ready to die; the manager gave him ten of her oxycodones to assist him. She entered another tenants dwelling while they were gone and told the witnesses they had better not tell anyone. I recently discovered that the manager has two felony charges for stealing people’s identity and using it. (2002) This concerns me because she has my mailbox key and refuses to return it to me. I know she goes through my mail because I asked the mail person for my mail one day and was told there was none and the very next day I asked again and there was ads in my mail box dated months prior, but no personal mail. The owner has no idea as to what is going on around here and believes every thing the manager tells him. It does no good to contact the owner because he does nothing about her actions.

I could go on for pages about the treatment I have received, the manager sticking her fingers almost in my nose and yelling false allegations at me, cusses me, refuses to repair anything, lies habitually and on and on. I have documentation and pictures of her actions. But, I fear for my animal that she will poison him, I’m afraid she will destroy my last vehicle, I’m afraid she will try and instigate an actual physical confrontation, I’m worried that she enters my place while I am gone, and I am afraid that she will perpetuate an identity crime against me and after I have moved on how do I know what she will do with my information. I fear that she may sell my information. The owner does not care about her criminal background and has stated said.

Recently, after getting tired of the manager’s harassment I filed a small claims suit against her for violation of Civil Code section 1940.2. The final straw was when I received a three-day notice together with a nine-day termination notice and a note that said if I cleared up the actions in the three-day notice the termination would be rescinded. A month and a half after that I received another termination notice for fifteen days that stated I was being terminated for the same reasons the three-day notice previously stated, which were cleared up, (key to my door & my vehicle registered), and a refund of my deposit would be considered if I vacated with in the fifteen days.

In speaking with the owner, he told me I was being thrown out because I was suing the manager and I would not be getting my deposit back. The owner went on to inform me that I would be getting out if he had to hire an attorney to do it. He went on to threaten that he would put it on my record and hunt me down to pay for the attorney fees and then he would sue me in small claims for the plane ticket for him to fly up here to do it. He too expected me to be out in the fifteen days, OR ELSE.

Since filing suit, when I tried to pay my rent this month, she refused it telling me I was being evicted and then gave me a three-day notice to pay rent. After I paid my rent, she then gave me a 60-day termination. Since this time, I have received a notice of verbal warning for actions that are dated back to over two months ago and are undoubtedly false. My pickup has had sand put in the oil. The other night I was getting out of my car, she came running up to my door, mouthing me and when I told her to go have another pill and a drink, she accused me of threatening her and that I was going to jail. (she was definitely on something) Needless to say, she did call the police that night and they did show up at my door because of her complaint. A report was filed but that was about the extent of that. I am kept a prisoner in my own home. The place I live is small, 14 units, and everybody’s door faces one another and the driveway in and out goes right past the managers. When I go outside she is inevitably out there and is staring at me or making obscene gestures. The other tenants fear her because they do not want to be kicked out.

I know you are probably saying “so why don’t you move”. I cannot financially afford to move nor can I find another place for the amount I am paying now. I am unemployed and so is my spouse. Other than the manager, it is a nice place to live.

I have never received such treatment from a manager and cannot believe this is happening to me. Am I in my rights to pursue a small claims case against the manager? Someone told me I could not be terminated for exercising my rights, is this true? Do you have any suggestions? Please help me I am desperate.

You cannot prove any of these allegations I'm afraid. All of them are unfounded since there is no evidence. The coincidences could be just that - coincidences. Writing down your license plate is because you failed to register your vehicle. Nothing more can be read into this. While she may brag of things, you have no proof of any of it - not your car, the drugs, the liquor, nothing. You can't prove she gave drugs to anyone. All you have proof of is an out of control manager who has a criminal record. Bad enough with just that.

You have been terminated properly as a month to month tenant and were given your 60 day notice as required. This is the law in CA. Whether you have the money to move or not, you will have to move within those 60 days or you will be evicted. You have no choice but to leave. Save every penny, borrow if you need to, move in with family or friends. But get out before you have an eviction on your record and a set out of your things.

It's not that hard to move...if the need exists.