Legal Question in Landlord & Tenant Law in California

Don't I have any Rights?

I'm a single mom of 2 young boys, with less than $600 a mo. income. For almost 2 yrs now, I've been renting a room from a ''lawyer'', in a 2 bd.1ba. apt, which he altered to make it a 3 bedroom. He lives elsewhere. Without notice to me, he gave a 30-day not. to move.I cannot afford the whole apt. plus the prop.mgmt.co.never knew I existed!! I have no $ to move, and no where to move to!! The prop.mgmt. co. was informed that their ''renter'' had drywalled off 1/2 the livingroom to create a 3rd room, yet I was told to submit an application to rent to see if I qualify.No mention of relocating to a diiferent apt..My question is whats going to happen to me?Its been 1 1/2 mos. since the ''lawyer'' bailed and I haven't paid rent because it isn't enough, plus I have no lease. I moved in renting 1 room only..I had no idea this was going to happen! Doesn't he have a ''moral''commitment of some type to not leave me in this situation.Can I report him to the State Bar? Can I sue him? Should I start packing or look for a roommate? Please help with some advice. This is a very serious situation. Greatly appreciated!


Asked on 4/18/09, 8:51 am

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

Re: Don't I have any Rights?

Suing the lawyer will not solve your short term problem of not being able to afford the rent. If you are already 1.5 months behind you will very shortly get a three day and thirty day notice to evict you. With an income of only $600 per month, even with two roommates responsible for 2/3rd of the rent you can not really afford the remaining 1/3rd. You need to go to various social agencies to see if they can help you out. If there is a former husband you have to force him to pay child support.

Reporting the lawyer to the State Bar will not help. For action outside of the practice of law to be something that an attorney could be disciplined for, it has to be an act involving moral turpitude [something very wrong morally, brings disgrace on other lawyer, serious breach of common sense as t safety of others, etc.]. What he did is wrong but not so bad that the State bar would do anything. Plus, he is not your attorney. As to suing him, while his behavior was wrong, what damages did he actually cause you? Without your being able to show you had to pay more money or lost something because of his behavior, you do not really have any damages and can not successfully sue.

We are sorry for your plight, but I do not think the situation is one in which a "legal" answer matters or would help you..

Read more
Answered on 4/19/09, 1:48 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California