Legal Question in Real Estate Law in California
Gave Notice to Quit
I gave a verbal notice to quit the house I was renting. The landlord was aware that other tenants were sub-renters and were in fact paying the entire rent as I haven't used the house for over 4 months. The landlord wants all monies from me even though the landlord spoke with the other tenants previous to my verbal notice in regards to signing a new renters agreement without myself included. The landlord was aware that other tenants were on the premises and that I gave official verbal notice to my quitting. I will be Pro Per defending an Unlawful Detainer. There are still other tenants on location. The Landlord wants compounding money daily and I haven't lived at the location for over 4 months. The Landlord has refused all offers. I feel the Landlord is using me to vacate to premises in order to increase the rent to a new tenant. Although I don't have a written notice to vacate, I have many witnesses to state that I left and have nothing to do with the current situation. Are there any previous cases I could use in the upcoming court to defend myself. The total amount requested is only $1350.00 so I didn't want to hire an attorney.
1 Answer from Attorneys
Re: Gave Notice to Quit
Unlawful detainers have a short fuse, so by the time you read this you'll probably already know the outcome.
Did you break a written lease, or were you free to give notice and leave? If you broke a lease, you're unlikely to prevail.
Ask yourself why is the action an unlawful detainer..... Probably YOU are being treated as a holdover tenant because you are responsible for the subtenants. When you gave notice, you also gave notice, in legal effect, for all your subtenants. When they didn't leave with you, you became (or remained) liable for rent. If the subtenants have paid, the landlord shouldn't double-collect, so it seems likely that the folks you left behind didn't pay....and, guess what, you're on the hook.
The best advice at this point is to look to your former subtenants for reimbursement.
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