Legal Question in Real Estate Law in California

How can I get my money back ??

Hi,

I was going to rent a studio from the friend of a friend and I gave her cash and a cashier check without receipt. For various reasons I had to change my mind about renting her place and I asked her to give me some of my money back. She refused to pay anything back, knowing that I had no proof. I have a question : that woman converted her garage to a studio and she is renting it. What is the legal procedure I should start if she does not have a permit ? And would that in any way help me to recover some of the amount I gave her ? Thank you.


Asked on 9/27/08, 4:12 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: How can I get my money back ??

I bet this is the last time you ever give cash or a cashier's check to somebody without getting a receipt.

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Answered on 9/27/08, 5:03 pm
Judith Deming Deming & Associates

Re: How can I get my money back ??

The building department for the city where the property is located would be the entity interested in the issue of illegal garage conversion. However, look at this fact: apparently the issue of illegality was OKAY, so long as you were going to rent it! It is highly unlikely that any judge would look favorably on your claim for money under these circumstances, and any building department who fines your friend could care less about your claim for money...they will simply fine or penalize her and you are on your own as regards any reimbursement. Lastly, if you intend to threaten her with filing a complaint with the city unless she returns your money, that is tantamount to extortion. Anyone foolish enough to fail to pay with a check or fail to get a receipt for cash did not act reasonably to protect themself.

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Answered on 9/27/08, 9:45 pm


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