Legal Question in Landlord & Tenant Law in California

First off, I want to state that I am not the landlord of the current house i'm at but I am in the transition of moving out so I have been showing the room to people to help the landlord. Anyways, a few weeks ago a girl came to check out the place and she said she wanted it. A week ago I still hadnt recieved the security deposit and she hadn't signed any contract when someone else came and offered the security deposit up front for the room so I took it and told the girl the room had been taken. Now because she is 16, her father is taking me to court for "breach of contract, and emotional distress" for the total of 4900. First off there was no contract signed, and no money transfered, and she's saying our "contract" was the text messages we sent Since I am moving from california to hawaii in a week and the court date is in febuary I was wondering what my options were and if i were to file a countersuit for waste of time and stress pretty much, how much I could get out of a countersuit.


Asked on 12/17/10, 5:45 pm

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

I will presume you were properly served with the smal claims complaint. You need to check with that court if you can appear by telephone because you will be several thousand miles away or can you submit a declaration under penalty of perjury in place of your being present?

Contact the father and see if he can get her to drop the suit. What is a minor doing getting an apartment on her own? Is this child neglect? Point out that you will have to file a cross-complaint for a frivilous lawsuit.

Family Code section 6601 states a minor [under age of 18] can file a civil suit but it must be through an appointed guardian; being the parent is insufficent, the person must be appointed a guardian by court order. Also, a minor can not make a binding contract involving an interest in real property. A contract for rental of an apartment requires a money deposit; as she gave none, she had no rights as to the unit.

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Answered on 12/22/10, 8:17 pm


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