Legal Question in Landlord & Tenant Law in California
Rental agreement & seizure of property
On about Jan 21st 2008 the house in which I rent a room from raided by the sherrifs dept. They had a search warrant which allowed them to sieze all computers in the house which included my 2 computers worth $2800.
On April 1st I proposed to the people I rent from that until I get my computers back I wouldn't pay rent for 4.5mo's or until my computers were returned to me (at which point I would pay back the rent I had not paid). They agreed to this. Now they want rent again.
I did sign a rental agreement.
What is the best course of action for me to take so I don't get the short end of the stick?
1 Answer from Attorneys
Re: Rental agreement & seizure of property
Technically, you lose!
The rental agreement is a written contract, and any changes must be in writing. Therefore, you need to put it in writing, and have it signed by you and the party/parties who signed the original lease.
If that doesn't work, sue them in small claims court for the $2,800.
The law regards these as two separate transactions.
If you need more, please feel free to e-mail my office
Good luck!