Legal Question in Landlord & Tenant Law in California
do i have a case? how much?
I never signed a lease with my ex-landlord, but my roommates lease was due to end on May 23rd, 2007. I had wanted to stay, but in mid april, my landlord called to say she would be moving in June 1st, and I would have to move out. She also said that she would be doing renovations as soon as our lease ended, but was willing to let me stay through the end of the month. My roommates found new apartments earlier and moved out on April 27th.
On April 28th, she came in and started renovating the house. She also harassed me on several issues. She demanded a couch be removed from the property and she also made me take everything I had in the kitchen and put it in boxes in my room. Her husband also moved in and started spending nights at the house.
The reason I never objected to any of this was because I didn�t know at the time that I was entitled to legal rights as a tenant, since I never signed a lease.
I then desperately searched for a new housing situation and ended up paying higher rent for less space. She also charged us a 260 dollar cleaning fee, without giving us a proper chance to clean ourselves, considering I was still living there when the cleaners came. Do I have a case? How much am I entitled to?
1 Answer from Attorneys
Re: do i have a case? how much?
You DID have an oral lease, which required 30 day notice to terminate. You DID receive 30 day notice from landlord ("LL"). When LL notified you that you could stay till the end of the month, what month are we discussing,,,May or June? She had absolutely no right to move in before the 30 days expired, much less make any kind of demand regarding the couch, kitchen, and, of course, her husband had no right being there. You should have objected, but we won't worry about that now (We all make mistakes. I shouldn't have married my first wife. No one is perfect.) She also erred re the cleaning situation, and taking the $260. She might also bear some responsibility (i.e. damages)
for your paying higher rent for a smaller place.
I can't give you the exact amount you should be entitled to, because it depends on what a judge and/or jury decides. Also, if you didn't receive the deposit back with a detailed itemization of expenses, you are entitled to more damages. You don't mention whether you gave a deposit to either ex-roomie or LL, when you moved in.
Please e-mail me, or call, with additional facts as outlined above. Frequently the LL settles quickly with a strongly-worded letter from an attorney. It might be feasible here. Otherwise, you can either
retain an attorney and sue LL in Superior Court, or represent yourself in Small Claims Court ("SCC"). You are apparently very bright, and express yourself with great clarity, so I would recommend the SCC route.
Please call me, or e-mail additional information per above, and I can delineate your options with more clarity.
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