Created by James Alan Bush

Eviction-Related Legal Filings

(This collection is a mess right now; but, I'm working on it) A collection of legal documents related to the unlawful detainer suit filed by Khoa Nguyen, landlord, and the resulting small claims made by James Alan Bush, tenant. After calling the City of San Jose Code Enforcement Unit to report substandard living conditions, the tenant was evicted by the landlord; however, this is not only retaliatory eviction, but is also illegal, in that on a subsequent inspection, the city determined that not only did the apartment fail to meet basic living standards, but lacked the requisite certificate of occupancy. In other words, the apartments are illegal. The landlord then locked the gates to the premises while the unlawful detainer (eviction) suit was still pending, in an attempt to bar the tenants from entering their apartments, which is also illegal. Meanwhile, the city shut the apartments down, declaring them a danger to the tenants and illegally occupied; the city then ordered the tenants vacated by April 15th, 2012. Under these circumstances, California law entitles the tenants to relocation expenses for the landlord having made an unlawful contract, and thus misled tenants. The documents in this collection pertain to these events, and includes an answer by the tenant to the defendant's unlawful detainer complaint, a letter of demand by the plaintiff to the landlord open the gates, with another demand for compensation, and a letter of demand by the tenant to the landlord to pay for relocation expenses. The associated small claims complaints that followed the letter of demands are not yet posted.