Legal Question in Landlord & Tenant Law in California

My landlord for unlawful disposed of my personal property in storage locker while I was still a tenant because they claimed they didn't know it belonged to me. The attorney I hired to represent me contacted the landlord and their attorney by lettyer wherein stating the matter could be settled in either three ways (1-provide me with compensation for property loss, 2-provide me with rental credit, or 3-submit to a small claims court hearing for resolution. The Landlord's attorney repeated stonewalled my attorney for four months each time claiming they would get back to my attorney with an answer to my request. Finally, my attorney advised me to withhold this month's rent and four days later, my landlord had me served with a "pay or quit" order. Subsequently, I have filed an Answer to the Landlord's suit with the Small Claims Court in California. Me and my landlord have scheduled to meet with the Small Claims Court Arbitrator. What other steps should I undertake to bolster my claim (e.g., witnesses, affidavits, receipts, photos)?


Asked on 2/23/11, 10:31 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You should notify your attorney that if what you say is true, they need to show up at the meeting. That you have a claim against your landlord for damage to your property does not relieve you of having to pay the rent! If the attorney really told you that, he/she appears to have committed malpractice. The landlord is legally entitled to have you evicted for withholding rent; you could file a counter-claim for the property loss but at most that merely would offset/reduce the amount of rent you owe and not prevent you from being evicted. I find it hard to believe that an attorney would have told you to do that. Try to gt the landlord to understand why you withheld the rent and to drop the unlawful detainer action, as you should legally lose.

Read more
Answered on 2/27/11, 10:42 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California