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SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

Former Tenants Allege Harassment by Landlords Amidst Eviction Moratorium

State Court
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A recent court filing has brought to light allegations of severe harassment by landlords against their tenants, purportedly aimed at circumventing local rent control and eviction moratorium laws. On July 30, 2024, Natalie Lesly and Evangelos Lympourdis filed a complaint in the Superior Court of Los Angeles County against their former landlords, S & N Investments Family L.P., Arlette Schmuel, Schlomo Schmuel, and Esther Schmuel.

The plaintiffs allege that the defendants engaged in a systematic campaign of harassment to force them out of their home on West Knoll Drive in West Hollywood. This alleged harassment included issuing fraudulent notices to correct violations or vacate the property, changing gate codes to prevent access, leaving gates open during dangerous times, and cutting off water supplies—all actions intended to create an unlivable environment. The plaintiffs claim these actions were designed to sidestep the West Hollywood Rent Stabilization Ordinance and pandemic-related eviction moratoriums.

Lesly and Lympourdis detailed numerous instances of harassment in their complaint. They stated that after the death of their initial landlord "Sam," who had maintained a friendly relationship with them, the new landlords immediately began harassing them. This included issuing misleading notices about lease violations related to gardening activities, changing security gate codes without informing them—thus preventing access—and leaving gates open during periods of civil unrest. The plaintiffs also accused the landlords of turning off water supplies to kill their garden and taking photographs of them and their property in a menacing manner.

The plaintiffs are seeking damages for breach of contract, breach of quiet enjoyment, nuisance, negligence, intentional infliction of emotional distress, constructive eviction, violation of Business and Professions Code section 17200 among other claims. They are also asking for relocation fees, statutory penalties, disgorgement of rents collected under false pretenses, punitive damages for malicious conduct by the defendants as well as attorney fees and costs incurred due to this legal battle.

In response to these allegations, the defendants filed a special motion to strike under California's anti-SLAPP statute (Code of Civil Procedure section 425.16), arguing that the lawsuit was retaliatory following legal notices they issued concerning potential eviction proceedings. However, Judge Daniel S. Murphy denied this motion stating that the defendants failed to meet their initial burden under anti-SLAPP analysis since there was no evidence showing that their actions were related to any anticipated litigation or constituted protected activity.

Representing the plaintiffs are attorneys Alexia Velissaropoulos from Veliss Law and Zshonette Reed from Lorden & Reed while Clay R. Wilkinson from Fernald & Zaffos along with Yossi Noudel represent the defendants.

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