Legal Question in Real Estate Law in California
Abandonment of Personal Property
I did not pay rent or go home for 3 months. The landlord lives on the same property. Landlord never gave me any type of notice. This started in Sept 2001.
I left an apologetic letter at the property about my situation with intent on paying her backrent. She called me at my new place to threaten to throw away my belongings if I dont pay 2,000. for backrent. I gave her all I had next weekend; 450.00, which she accepted. The following weekend I was to pay her a partial payment, which I did'nt have. She called me again to say that all my personal possesions had been removed from my unit and that someone else is living there now! Also, she said she threw all my belongings in the dumpster!! I went over to find that the dumpster was moved inside her yard with a locked gate. People were indeed living in the unit and my truck (unoperable)was still parked there. Thurs. the 7th I am to appear in court for a lawsuit she has filed for back rent. (minus the money I had given her) Can she do that? I admit I am at fault for not paying rent, but I had extremely valuable items; artifacts, musical instruments, some items are not replaceable. I am heartbroken to say the least. What can I do!?
3 Answers from Attorneys
Re: Abandonment of Personal Property
You have a lawsuit, and probably a good one, depending on witnesses, notices given, etc.
Joel Selik
800-894-2889
Attorney/Real Estate Broker
www.sandiegorealestateattorney.com
Re: Abandonment of Personal Property
The landlord must send you a notice in the mail concerning the property you abandoned. However, since you probably didn't give a forwarding address to either the landlord or post office the notice was probably sent to the rental unit you abandoned. So your option is to file a lawsuit in either regular court or small claims court for your damages.
Re: Abandonment of Personal Property
I assume the lawsuit is in small claims. Too bad you waited until two days prior to ask for advice. You could, and perhaps must, bring your claim against the landlord as a 'Defendant's Claim' in the same action in which you are sued.
If indeed it is a small-claims action, I suggest you obtain, fill out and file a Form SC-120 Defendant's Claim, show up in court, serve a copy of it on the landlord when you see him, then when your case is called, ask for a continuance or for the landlord's waiver of the notice period, so your counterclaim can be heard at the same time.
I can't give you a complete lesson in small-claims procedure here. You need to talk to the county small-claims advisor at the courthouse, or get a book on small claims court and speed-read the parts that apply to the claim against you and how to make a counterclaim.
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