Legal Question in Business Law in California

I was living in renting a house for 2 years after the 2 years I received notices from a mortgage company and attorneys offering me cash for keys. they gave me 2 offers the first was if I was out in 30 days I would get a check for 3500 dollars the second offer was if I was out in 60 days I would get 2500 dollars i agreed signed. papers and at the 30mark had. all of. my. belongings out of the house. i hired. a hauling service to pick up the bulk of trash n other things i was throwing out. so when the ladies drove up to the house i explained to them that the house was cleared of all my belongings and the mattress and couch were on their way to the dump when the haulers returned for the last load which they had just called and to let me know that they were en route for the last load. the ladies were jerks said they refused to even come look inside because the mattress and couch weren't gone yet n left. i phoned the attorneys i made the deal with the following morning. they apologized and we both agreed on shooting for the second option the 60 day mark. so on dec15th i was at the house which was still broomcleaned no couch or mattress n i waited 9 hours at 6:30 when it got dark they still hadn't shown for the exchange so i left. now they r saying the cash for keys wasnts successful. n they r going to proceed with the eviction they broke the contract tho not me so i can sue n win correct?


Asked on 12/24/12, 8:57 pm

2 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

If you have vacated the house, then the eviction action will not be successful. They can't evict someone who has already moved.

They arguably could bring a claim for unpaid rent, if in fact rent is owed. You could then counterclaim under the contract you describe.

If they don't sue for the unpaid rent, you can bring a claim in small claims court to recover what you are owed under the contract. If you complied with the terms of that contract, then you should prevail. Without reviewing the exact language of the contract as to inspections and how keys were to be returned, I cannot comment on your actual chances of success.

Best of luck to you.

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Answered on 12/25/12, 12:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If someone makes you an offer of $3500 to move in 30 days or $2500 to move in 60 days, and you agree to take $3500 to move in 30 days, then that's the contract. You have to move in 30 days. Moving in 60 days is no longer an option. Maybe the attorneys misled you, and arguably they had the power to modify the agreement from a 30-day to a 60-day, but more likely that didn't happen. The landladies are taking a rather harsh position but by strict legal reasoning I think you had a contract to move out in 30 days, that you breached it, and that there was n contract for a 60-day move-out.

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Answered on 12/25/12, 10:23 pm


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