Ask Experts Questions for FREE Help !
Ask

California Rent Payment laws

Asked Apr 30, 2012, 10:27 PM — 1 Answer
My husband and I just received a court summons for an apartment we rented nearly five years ago in another county. We are being sued in the county wherein we rented the apartment. We believe that the Plaintiff rented our apartment to another party after we moved out, but cannot prove this. We gave 30 days notice, and turned our keys in the day we left. The summons claims we abandoned the apartment.

What can we do? We do not believe that we owe the money they are requesting from us, and until very recently (the past few months) we would not have been able to pay them if we did believe we owed it. They are asking for 4 months of rent. We would be willing to give them one month and the $ 550 security deposit they never returned to us, just to get them out of our hair.

Is there any way that we can prove we gave appropriate notice? Prove that they had another tenant in the apartment? In short, what are our options? Thank you so much for any help you can offer.

1 Answer
ScottGem's Avatar
ScottGem Posts: 58,102, Reputation: 28145
Computer Expert and Renaissance Man
 
#2

May 1, 2012, 03:50 AM


First, Do you have a copy of the written notice you gave. Second, where you under a lease or where you month to month? Third, if the landlord never returned the deposit, did he send you an itemized statement of what he used the deposit for? Did you pay for the last month? Did you leave a forwarding address?

What you need to do know is respond to the summons with a letter of Intent to Defend. But I need the answers to those questions to advise what to say.
Helpful

Not your question? Ask your question View similar questions

 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting

Undo
Redo
 
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

I got a default judgement for non payment of rent in time, but I did pay the rent. [ 1 Answers ]

I got a default judgement for non payment of rent in time,but I did pay the rent , I paid the rent the same time date, the notice is dated, but I did not received the letter until two days later. Thank you, tenant

Eviction for Non Payment of Rent after determination of rent hearing [ 2 Answers ]

A Eviction for Non Payment of Rent is in process and a determination of rent hearing has already been heard in the State of Florida. The Judge order the tenants to pay rent due within 24 hours. If tenants pay the court ordered amount, how much longer do the tenants get to stay in the house?

Non payment of rent eviction , rent non paid [ 1 Answers ]

My landlord ( I live in a Mobile Home Park) had a constable close up my trailer because of failure to pay rent. The landlord told me later that day that if I paid what was owed I could get back in. I paid it and now they won't let us back in. Can they do that?

California car sales laws-smog laws [ 1 Answers ]

If I sell a currently registered vehicle in california and write on the bill of sale as is buyer responsible for smog, am I still responsible if it fails smog

Non payment of rent - California [ 2 Answers ]

Have a tenant with an attorney that advises on Quash & Demur of all filings. Have received no rent in 9 months and can not get them out legally. They call it "Legal Extortion" Can I get emergency hearing? Thanks


View more Real Estate Law questions Search