Legal Question in Landlord & Tenant Law in California

Re: Tenant provided services, deducted rent, landlord upset, now evicts.

Past 18 months worked for landlord. Submitted invoices for payment of services along with statements showing deductions for my monthly rent payments. Landlord now does not want to pay outstanding 10 month balance owed to me (has given me small advances) and has filed to evict me stating I have not paid rent for 10 months.

Can and how landlord win case?

Can I be compensated to relocate?

Can same court have landlord pay balance owed for my services?

What is my best path?


Asked on 11/13/11, 2:11 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You can cross-complain as to the unlawful detainer suit by the landlord [arising out of the same transaction] and also raise as a defense that no rent was due or not the rent specified in the three day notice because of his agreement to compensate you. If the amount of rent claimed in the three day notice is incorrect, then the unlawful detainer case should have a ruling in your favor, and you could collect the amount owed you. Have written proof of prior payments, witnesses, proof of your doing work on the house, figures supporting what you charged, etc. There probably is a section in the lease providing for reasonable attorney fees for the winning party. Even if the suit is in small claims court [which it would not be if you are still living there],you can still have an attorney, they just can not show up to argue your case. unless you are covered by rent control, there is no obligation to provide relocation expenses [if the tenant is kicked out for failure to pay rent why should the landlord have to pay them to relocate.

Based on the little information you have provided, you should be able to win the case. I am in Union City but I do not know whee you are. I normally would charge $125 per hour to handle such a matter and if there is a reasonable attorney fee clause on winning, then that fee is not based upon what I charge but what the average attorney would, which would be $200-300 an you would keep the excess fee.

Your can call me at 510-441-2684 if you wish.

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Answered on 11/14/11, 2:40 pm


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