Legal Question in Landlord & Tenant Law in California

My former roommate sued me for an amount of $887 she said was due for 1/2010 when the original bill was $738. I counter-sued her for illegal-eviction (because she gave me a 3-week notice through a text message, not a notice of any kind) and overpayment due to the fact that her boyfriend lived there 90% of the time and never paid a dime. I had no quiet enjoyment and I did not get what I bargained for. My 13-year old son testified that the boyfriend was there "80%" of the time and her boyfriend testitified that he "stayed over sometimes". I lost and got a judgement for $887 plus court fees.

To me, this is not fair and I want to appeal this decision because I gave proof of constant harrassment through texts and emails, a police report where her and her boyfriend were fighting, etc. and she had nothing.

My question is, what is the best approach to this??? Should I bother to appeal??? Please advise asap. I am so upset about this decision. Thank you so much.


Asked on 3/27/10, 4:11 pm

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

I had answered a question before about a rent dispute because the roommates boyfriend was there most of the time; I siad that she did not have to charge him rent and unless his presence decreased the physical space you were supposed to have or significantly had an effect upon your quiet enjoyment of the premises, you were not legally entitled to anything. Your SC court judgment agreed with my opinion. I do not see your winning if you appeal [which would cost about $100 and time lost from work to show up at least once in court]. There was lack of sufficient notice but you have to show damages which probably did not exist.

Contact the ex-roommate and see if you can work out a compromise. I doubt it is worth an appeal.

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Answered on 4/01/10, 4:29 pm


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