Legal Question in Landlord & Tenant Law in California
basically, my ex-landlord gave me a 3 week notice through a text message only and is now suing me for money she claims i owe her for the final month, i am counter-suing her for lack of quiet enjoyment (boyfriend and dog constantly causing problems, harassment) and her boyfriend living there 90% of the time free of charge (i over payed her so I want $1,000), illegal eviction due to procedural defect, harassment, and breach of contract . do i have a strong case???
1 Answer from Attorneys
I can not say how strong the case is without more information. The landlord has to give 30 days written notice for a termination of the month to month tenancy so you should win as to the eviction being illegal, but what are your damages? Had she given you proper notice you would have had the same moving expenses. If the rent was less than comparable places you do have for a month or two a claim of increased housing costs. That she is suing you suggests that you did not pay any rent those last three weeks; failure to give proper notice does not negate your obligation to pay the agreed to rent.
I fail to see how the boyfriend not paying rent has any relevance unless you claim his being there reduced the physical space you were told you would have. Why would she charge her boyfriend rent? As to the other claims, without any information on them I can not comment as to the likely outcome.
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