Legal Question in Landlord & Tenant Law in California

Hi I moved in with this girl that I met on the roommate section of craigslist. I paid the rent, and security deposit and even agreed to live with her 5 cats. Also agreed on paying for half of the utility bills. I moved in and she didn't make me the keys for the apartment. She kept delaying the day to give me them. After the 3rd day living with her I went to ask for the keys. She said she was going to make copies later and for me not to wake her up at 7am. It was 10am and I need to go out to buy a car and look for jobs since I had just moved to Los Angeles. On the same day, asking for the keys generated a very ugly discussion and she ended up telling me to get out of the apartment. I asked for my money back 1,500 total and she gave me 1,300. I went to pack my bags in the room and she broke in the room and assaulted me telling me to get out now. I was packing as quickly as I could and she went there just to pick a fight. She scratched my arm real bad. I still have the scars to prove. I immobilized her so she wouldn't try to hit me and told her I would let her go if she left the room. She then proceeded to call the cops and made up I hit her. The cops came, handcuffed me without even asking what happened. Then one of the officers took me to my bedroom to ask what happened. I told them and they believed me. Anyways, they made leave so we wouldn't fight anymore. I was frightened, as I am from Brazil and had never been through such an embarrassing situation like that. I was left outside on the street with a bunch of bags and nowhere to go. I was very scared and had my friend reserve a hotel room for me over the phone. I also couldn't bring any of the groceries and things I bought for the room, so it was more money thrown away. The question is, can I sue her for emotional distress? or any other things?

Thanks


Asked on 7/24/10, 10:36 am

1 Answer from Attorneys
Deborah Bayus Law Office of Deborah Bayus

Based on the facts you have presented, it appears that you have a breach of contract cause of action against your roommate in that you entered into a contractual (I am presuming oral contract) agreement with this girl and by not providing you a key to the apartment, she would be in breach of the agreement. Since you paid the rent and security deposit, she should have provided you a key so that you have access to "possession" of the apartment. You can sue her in small claims court for the money owed you and all those damages which flowed from her breach of contract. These damages may include cost of your groceries, items you bought for the room, hotel expenses and other damages. Generally, emotional distress damages are not not recoverable in breach of contract actions. Also, in order to be awarded damages for emotional distress, you would need to prove you were distressed (medical bills, etc). You should have a small claims advisor in your jurisdiction who can assist you in putting your small claims complaint together - they are generally in the court where you would bring your claim. Good Luck.

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Answered on 7/24/10, 3:09 pm


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