Legal Question in Real Estate Law in California
My ex-boyfriend and I moved in together in middle to late October 2010. He paid for the prorated first month's rent (~$200) and the deposit (~$250). He also purchased around $300 in things to make the apartment livable. I spent approximately $2000 on making the until livable including the couches, tables, dishes, etc. During the course of living there, we found a roommate who agreed to pay $650 for rent and we would split the remainder equally ($415 each). In late December, I found he had been messaging other women, and decided to end the relationship. I offered to keep the apartment, but he plainly refused. He maintained living in the 2-bedroom apartment with the roommate and has been paying his and my portion of rent. He eventually kicked the roommate out due to bumping heads, and found two friends to move in (a couple), and they are now paying $650/month and he is still paying $830/month. Numerous times, I have contacted him about being able to make rent payments and utilities, but each time, he said he was fine and to stop worrying.
Mid June (six months after I moved out of the apartment), he finally signed the contract releasing me from the lease. In order to be removed or added to the lease, all parties must sign the agreement. There were some income issues prior that he did not meet, but once the new roommates moved in in April, he was financially able; however, he plainly told the leasing manager that he would refuse to sign me off the lease because he had plans to take me to court for my share of the rent. Thankfully, something changed his mind and he signed me off.
For months I tried taking my belongings but still today he refuses to give me the couch, a dresser, a DVD stand, and the dishes (~$750 value). I informed him that I would like my property back, or he could buy it at that price, yet his response was that he'll see me in court and that should that happen, he will sue me for 1/2 the rent for the past 6 months. The day after my name was officially removed from the lease, I went to file a small claims case in hopes of having my belongings returned. I have receipts and copies of checks for all of these purchases.
In the event that the ex-boyfriend counter-sues me for 1/2 the rent at this hearing:
What sort of grounds does he have?
How can I prove that he didn't mitigate damages?
Should I have any documents/people subpoenaed?
What are the laws regarding rent when there was a verbal agreement that he would take care of the rent and utilities once I moved out?
Thank you!
1 Answer from Attorneys
You have several issues that need to be kept separate.
The lease with the landlord is initially governed by just the terms of that lease. Under that you are liable for 1/2 the rent until you are taken off the lease. But then yo and he made a separate agreement, which does not have to be in writing, that he would pay all the rent. That is what he did and he can not now go back on the agreement. Performing certain acts can also be used to suggest that an agreement exists; he paid all the rent which implies he had agreed to do so. There is no issue of mitigation as he agreed to pay the entire amount. I assume there wee no other witnesses to the verbal agreement and confirmation of it. Your offer to pay rneet and utilities does defeat the existence of an agreement so you will need to explain why you did that and how that did not destroy the agreement that he would pay everything.
As to the furniture, etc., SCC can not order the return, only that he pay you for the items. So have proof of purchase cost, current condition if possible, deduct depreciation. he may claim they were gifts, but then why returned some other items.
I do not see that other witnesses would be necessary; you have very little time in Court to present your case.
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