Legal Question in Civil Litigation in California

My family was recently evicted from our home, we hired an attorney to represent us as we had a 1 year lease, at our unlawful retainer hearing our attorney asked us to settle our case and sue my ex landlord in small claims, we did and the judge refused to hear our case because we had settled our unlawful detainer case, the question I have the ex landlord was coached the whole way by her real estate broker who interfered with our contract by putting the house on the market and closing escrow while we had our lease was in place and told the new owners they could move in before our lease completion. Do I have a legal right to sue the real estate broker for interfering with our contract?


Asked on 12/06/12, 6:57 am

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

There is a tort called intentional interference with contractual relations which may be available to you and your family. However, more facts and analyses is needed. While you did not state the reason for eviction, I will suggest you to consult with legal malpractice attorney. If there was no legal basis for your eviction, and you had a valid unexpired lease agreement, the advice to move out and sue in small claims court seem to be unreasonable.

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Answered on 12/06/12, 7:08 am
Anthony Roach Law Office of Anthony A. Roach

I think your attorney should not have advised you to settle and sue in small claims. That is where the problem was. I have no idea why the real estate broker would be liable for putting the house on the market. An owner can sell a house that is subject to a lease, the new owner is simply subject to the lease.

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Answered on 12/06/12, 11:10 am


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