Legal Question in Landlord & Tenant Law in California

Real Property, Breach of Contract, Federal Question Jurisdiction

How do I sue in federal court with

federal question jurisdiction (what

federal law applies?) where a def

landlord failed to pay a plaintiff

tenant on a ''Surrender Agreement

and Release''? Out of state Def faxed

agreement to tenant, tenant signed

agreeing to vacate the apartment in

exchange for 25k in two

installments. Def failed to pay the

entire amount. What federal law will

apply?


Asked on 6/12/09, 10:44 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Real Property, Breach of Contract, Federal Question Jurisdiction

Do not confuse federal question jurisdiction (i.e., jurisdiction over issues arising under federal law) and diversity jurisdiction (parties from different states). You have diversity. However, you also must have a claim for relief that exceeds $75,000, exclusive of interests and costs and without considering counterclaims. (See 28 U.S.C. �1332(a).) Did either the lease or the "Surrender Agreement And Release" provide for jurisdiction and choice of law? If defendant-landlord is in southern California, I may be able to assist.

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Answered on 6/12/09, 11:36 pm


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