Legal Question in Credit and Debt Law in California

I need to know if I have a small claims case if someone stayed at my apartment promised to pay the rent and utlities verbally and in emails and didn't. This person changed his address (I have proof in the form of a magazine) to reflect he stayed at my apartment and has not kept his word. This person also asked me to extend my lease (also confirmed by email) so that he could stay at my apartment. Do I have reasonable recourse?

Earlier I was told 'yes', omission can be confirmed by opponents emails, another attorney said 'no' as there was no actual written 'contract' and there should be more information before answer is given. The opponent said many times in many emails, he would do as he promised but has not.


Asked on 7/16/10, 4:34 pm

2 Answers from Attorneys

If he promissed to pay money in exchange for staying in your apartment, and he in fact stayed in your apartment, you have a binding contract that you can enforce in small claims court up to $7500. With email confirmations your case is only better.

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Answered on 7/16/10, 8:49 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

So what if some of us disagree. What have you got to lose by filing your small claims court case? Bring printouts of your emails, with full email headers, to court with you.

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Answered on 7/17/10, 12:04 am


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