Legal Question in Real Estate Law in California
How do I execute an affidavit?
I am involved in a small claims case where a former tenant is falsely claiming to have referred our current tenant to us after breaching a lease a agreement. The current tenant has written a letter stating that he was indeed shown the property by his real estate broker, but I am not sure this is sufficient evidence to stand up in court. How do I execute an affidavit to prove this point? Does the affidavit need to be notorized or witnessed, or is a simple signature on the affidavit form sufficient?
2 Answers from Attorneys
Re: How do I execute an affidavit?
In a California small claims court, the letter from your broker, along with your testimony, should be enough. However, you can always subpoena your broker to appear and have the broker testify. The rules of evidence are greatly relaxed in small claims court.
Re: How do I execute an affidavit?
A true affidavit would have to be notarized, but you can use a declaration instead. Just end the writing with the words "I declare under penalty of perjury that the foregoing is correct. Executed at (place name, California) on (date), then sign. That should work in small claims.
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