Legal Question in Real Estate Law in California
owner rights in collecting damages
I am a homeowner who rented a room to a friend. I have no written rental agreement with her, nor did I collect any type of security deposit. She has just moved out and left her living space unclean (there are garbage bags with garbage in the room, outside the room, and in the bathroom.) She has also caused 'excessive' damage to the residence. Do I have any legal rights to collect compensation and if so, how do I go about trying to collect it?
4 Answers from Attorneys
Re: owner rights in collecting damages
Is she still a friend? Is she a responsible type person otherwise? Maybe you can negotiate something.
Even oral agreements are enforceable to the extent thay can be proven, and even an agreement that doesn't mention dirt and destruction doesn't authorize it. You do have legal rights that can be enforced to the extent you can prove unfair damage and if you can collect on any resulting judgment. However, the small-claims process is a hassle for the plaintiff as well as the defendant, and lacking a written agreement you have some extra evidentiary problems, not to mention how you will collect on your judgment.
Get a self-help law book on small claims, review it, then decide whether to pursue or chalk it up to experience. You'll know what to do next time.
Re: owner rights in collecting damages
You have a right to sue her for damages. If the amount is less than $5,000.00, you should file a small claims court action against her.
Re: owner rights in collecting damages
Sue her for damages in small claims court. Rental agreement isn't necessary. Take a lot of pictures if you haven't done so already. Show these to the judge at the trial.
Re: owner rights in collecting damages
yes, you can sue her for damages. Take pictures.
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