Legal Question in Credit and Debt Law in California

I rented my place out for three weeks to a girl. we agreed that she will pay 400 dollars but i've only received $300. I have an email that have her agreed to say she is willing to pay 400. now she is dodging my phone calls and does not communicate with me. What can i do? i have an email as an agreement but is that enough?


Asked on 1/06/10, 10:11 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If she is still in the property, you can file an eviction action against her AFTER you properly prepare and serve her with a three day notice to pay or quit. In California, you can have an email rental agreement, an oral rental agreement or even a written rental agreement. What you need to establish is that you agreed to rent her the property for a specific period of time and for a specific amount of money, that she failed to honor the agreement by not paying the rent, that you gave her the proper notice requiring her to pay the additional rent, and she failed to do pay or leave the property.

If she has already moved out, then do not file an eviction - simply file a small claims court lawsuit to collect the $100. You need to write to her first and demand the money, but that is easier than the eviction.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 1/12/10, 3:14 pm


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