Criminal Violations in 3-Day Eviction Notice Issued by Phat Tran
This 3-day notice, issued June 21, 2024, demands payment outside the terms of the original signed contract. No new lease was signed. The landlord instructed payment to a private bank account and refused to accept funds at an official location. This violates multiple California tenant protections and criminal statutes.
Key Legal Defects
- No Signed Lease: No written or signed agreement authorized a new rent amount of $5,350. Prior lease capped rent at $5,000/month, and rent control applied.
- Outside Payment Channel: Demand was made to a private Wells Fargo account not listed in the original lease. Banks cannot validate third-party account rent payments without authorization.
- Eviction Without Standing: The notice was served under a fabricated default. Tenant had already paid via cashier’s check and offered full payment at Wells Fargo — which Tran refused to accept.
- Violation of Notice Requirements: Tenant was under a valid 3-year lease. Per California Civil Code §1946.1, a 60-day notice is required to terminate tenancy beyond 12 months.
- Extortion Threat: Landlord refused written refund, demanded direct deposit or move out under threat of eviction — conduct qualifying as extortion under CA Penal Code §520.
Applicable Laws Violated
- CA Civil Code §1946.1: Invalid termination of lease with less than 60-day notice.
- CA Civil Code §1940.2: Prohibits landlord retaliation and coercion over rent disputes.
- CA Code of Civil Procedure §1161(2): Rent must be truly unpaid for 3-day notice to be lawful. Payment was tendered and refused.
- CA Penal Code §520: Extortion — threat of eviction for failure to pay outside a legal agreement.
Scanned Eviction Notice with Demands
Summary for DA Submission
This 3-Day Notice was knowingly issued while:
- Funds were in the landlord’s possession (cashier’s check)
- Tenant offered to verify ID at Wells Fargo in person
- Landlord instructed: “Don’t worrie about that check, just put cash in my private account or I will kick you out”
- Tenant had an active lease through May 2025 Sun Reality Anna Ly owners daughter.
The eviction was retaliatory, based on 1) Reporting mold to City, 2) Reporting Hanson Le to the Huntington Beach police, 3) Owners daughter was turned into the Department of Real Estate all after key evidence (e.g., text messages confirming payment and threats) was already in hand. This pattern matches both civil retaliation and criminal coercion/extortion under state and federal law.