Legal Question in Real Estate Law in California
out of state legal action
Hello,
One year Lease. September 1 2001 to September 30 2002. With Military Clause written by landlord in Other Terms and Condtions: ''If tenent is transfered because of military deployment they can terminate this lease if 30 day notice is given''. Gave verbal 45 day notice in May 2002 and written 30 day notice on June 15 2002 for a 15 July 2002 termination. The date of notice is uncontested by the landlord, except he would expect me to pay for the whole month and beleived it stated so in the lease. I can't find such a clause. $2200 monthly payment and $2200 security Deposit. We prorated July to the 15TH and he keep half of the deposit. He did so late (26 Aug mailing date on his check to us.) All notices were in writting and uncontested during conversations following, but just no reasoning. Even suggeauted an arbitator. No bites.
I understand most of this, have read hundreds of the question/answers on 30 day notices so I think we are in the right. Now the Question. Can I reasonably sue in Small Claims from out of state? Can I expect to be able to receive travel expences? How do cases on 30 day notices usually play out?
1 Answer from Attorneys
Re: out of state legal action
As you know, you would have to appear in person in a California small-claims court in the proper venue, presumably where the apartment was located but possibly where the defendant (landlord) lives.
The court would not ordinarily reimburse your travel costs; you would get them only if your lease contained a clause indemnifying you from all costs of suit, or something of that ilk.
At least, this is how it would probably go. Small claims outcomes are somewhat unpredictable since some of the judges lack experience, and also the format does not lend itself well to production and examination of all the evidence.
So, all in all, whether filing an action is worthwhile is something of a speculation and may depend on how far you would have to travel and whether you can accomplish other objectives on the same trip, such as visiting friends. It also depends upon the amount of money at stake.
This answer addresses your procedural questions and is not a comment on the facts of your case.
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.
