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Author Topic: Question regarding rental documentation.  (Read 2507 times)


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Question regarding rental documentation.
« on: Nov 25, 2003, 06:22:04 AM »
BM moved into an apartment in February 2003.

BM moved from rented apartment (with current husband) to his father's house (which happens to be in a 55+ retirement community.)

BM has visitation but is fighting for custody.  Next court date is set for January.

We have a pretty good idea they were evicted for lack of payment of rent.

We would like to be able to prove this as her stability is in question from an evaluation report 18 months ago.

Is there anyway to subpeona some documentation from the landlord (her old landlord) to prove she was evicted or are we not privy to any of that?  We would like to get some documentation from her old landlord (the apartment from February to November 2003) proving she was indeed asked to leave for non payment of rent.

This is in San Diego/Riverside Callifornia if that helps.


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RE: Question regarding rental documentation.
« Reply #1 on: Dec 02, 2003, 05:44:01 PM »
You may subpoena the old landlord to testify at trial or deposition and you can request that any relevant records be brought to the hearing. You must provide 15 days notice to the BM that you intend to subpoena these records, to give her an opportunity to file an objection with the court. Once you have the landlord's attention, you can negotiate with the BM to stipulate to the reason why she left, in an effort to avoid having to prove the matter at trial.

Whether this information is actually relevant to prove the BM's parenting abilities is highly arguable, especially if it's an isolated incident. I can't analyze further without more facts.



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