Legal Question in Real Estate Law in California

Landlords Shady Deal

I subleased a furnished home from 10/1-3/1. Paid last

month's rent and $500 deposit. The lessor accused me

of tampering with her mail, stopped by to collect

stored items and I suspect she was trespassing. A

check to her for utilities bounced. [Kept them in her

name] I alerted her before the bounce occurred,

offered cash, but she never came to collect. She

threatened to turn off my utilities, and turned off my

long distance & voice mail. I could no longer live

with her imposing ways. The lease allowed subletting

and I posted an ad for February. She found the ad and

took this to the police. On a day chosen by her to

''inspect'' and take photos, she arrived with 2 women

(one a x-con) to discuss the matter. She considered it

a criminal act and ''breach'' of contract for me to

place an ad. She wanted to move back in. After

arguing, an agreement was made (verbally). She would

return my last month's rent less utilities and I would

move out. On 1/31, I handed over the keys in exchange

for $600. As I left the house, I was handed an

envelope by her father. Inside was a suit for ''breach

of contract'' for $600. She has also refused to return

my deposit. What can I countersue for? Fraud?

Harassmen


Asked on 2/22/02, 2:09 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Landlords Shady Deal

The $600.00 lawsuit is probably in small calims court. You'll need to file a cross-complaint and that has to be done right now to have the same hearing date. So go to the court and file a small claims action. If the $600.00 suit is not in small claims you'll need to pick up the judicial council forms for an answer and complaint/cross-complaint and file them after filing them out.

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Answered on 2/22/02, 8:50 am


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