Legal Question in Real Estate Law in California
Rent
In January 2000 we appeared in court on the unlawful detainer that our landlord had filed against us. Because we had failed to move out as required under the thirty day notice. Unfortunately the judge ruled in their favor. Now a year later they sued us in small claims court for non-payment of rent. What bothers me is that we had to provide evidence that we paid. Is this legal under the law. Also we are more then willing to pay for the services of a lawyer who represents the tenants side if we could find one.
1 Answer from Attorneys
Re: Rent
Your statement is not clear but it seems that you paid all rent that was due at the unlawful detainer trial. If that is the case the landlord is trying to double collect the rent.
The present case is in small claims court and attorneys cannot appear for clients. You can however, obtain advice from a attorney prior to the court hearing.
If you lose the small claims court hearing you have the option of appealing and having a rehearing in superior court. At that hearing you can be represented by an attorney.
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