Legal Question in Landlord & Tenant Law in California
I sublet a cottage from a friend of over 10 years that was apparently NOT allowed to do so, even after I assured him I would not move in until the owner consented...he led me on for over 2 weeks before giving me the "thumbs up." The property is going to be levelled to build a monster home once "we" leave, but after the owner found out that my friend rented this to me, along with not paying rent/utilities for a few months, he evicted my friend, and subsequently has served me with first a 3-day notice, then today I received a 5 day summons to appear w/ money or vacating of premises. I just settled my Workers' Comp case & have now been denied SSI AND SDI, for which I have been put into the appeals process...NO INCOME, NO MONEY LEFT, and my "friend" moved with nearly $10K of money that he owes me for rent/utilities/personal possessions he helped himself to, etc. I'm in pain from my permanent injuries, have no money to pay someone to help me move, have to sell EVERYTHING I OWN, including my new car, and will be forced to live in a small RV or trailer...agreed, better than homelessness, but I'm completely unglued!! Have to research my rights while attempting to sell everything (VERY slow process, as so much is being GIVEN away on Craigslist now!), pack what I'll be able to take with me, fight the appeals battle without representation, etc. I'm worn out, in pain, and have a 15 year old dog that is also falling apart over this stress...I can't even afford to file a Small Claims suit, even though the amount I've come to that he owes me (that I know I have the rights to pursue, anyway) is $8,700...the limit is $7,500. I don't know how to get my money back from him, and he has PLENTY of assets to sell to give me my money back. Apparently, even if I did win a claim, he would have up to 10 years to repay me!!! It only took him a few months to take it from me!!! What are my options, both in being allowed to stay long enough to get myself out before the local sheriff's dept comes up & takes my things, and in pursuing my losses?
1 Answer from Attorneys
I am sorry for all the various problems you have. I can not answer all of the legal issues.
You can apply for a filing fee waiver from the Small Claims Court; if you can break up the damages into twi totally different cause of action [taking money from you or not repaying you is just one category, but damaging your property and not paying you back for bills you paid on his behave could be considered two separate suits that you could file days apart so that there would be two different hearings and the total recovery could be greater than $7,500]. The judgment is good for ten years and can then be renewed every ten years; the judgment is due and payable as soon as it is entered by the Court [his filing an appeal would halt the process].
Speak to the landlord and tell himl all of the problems; perhaps he will give you some more time if you agree to be out by a certain date. It will be cheaper for the landlord to so agree. The five day warning is his having filed an unlawful detainer; you must file an answer [see court web site for a copy] within 5 days of service. You are not forced immediately to either vacate or pay the money.
Contact some local community organizations to see if they can help you.
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