Legal Question in Landlord & Tenant Law in California
Threat By Landlord/Owner
I entered into a 1 yr lese with my then best friend, and co-worker, who bought a condo that I was renting a room out of. Almost exactly 1 month before the lease was over, and 3 days before I was going to give my 30 day notice my friend(owner) literally busted my door down and verbally assaulted me. He called me all kinds of names and even threatened me with suggestive head nods(urging me to confront him). I filed a complaint at the condos security office and moved out that night. I am now being sued in small claims for the last months rent and a late fee(~$900). I was served papers at work, and we still are co-workers. I believe I have a good case as the Plaintiff was in clear violation of my ''quiet enjoyment'' and therefore breached the lease himself. Please help. Thanks.
1 Answer from Attorneys
Re: Threat By Landlord/Owner
This could be argued either way in front of a judge and jury.
His strange behavior, however, (in my humble opinion) did not justify your moving out without notice.
His breaking down the door might have justified it.
Despite mistakenly believing that a deposit pays for last month's rent as many people do, you must pay for the last month. I believe he has a legitimate claim, since you gave no notice and moved out. Filing the security claim MAY give you a chance in Small Claims Court.
Unless there was a late fee in the provisions of your lease, I would fight that. Even with a provision, I'd tend to fight that. My interpretation of the law in California is that late fees are illegal, even though an occasional judge okays them.
I like your argument about "quiet enjoyment", except that usually courts do not consider the lease broken on the strength of a single incident.
Also, I'd need more facts about "suggestive head nods", as I am unclear as to what this entails.
Other than definitely owing the final month's rent, you have some good arguments, but I don't think you can win without more supporting facts, and/or supporting witnesses.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
