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ShawnDS · Sep 29, 2011, 09:19 AM

I live in Alameda County, California, I rented out a room in my home where I also reside. I won my UD trial and had my tenants evicted for non payment of rent. I forgave their June and July rent as they were having financial hardship, provided they would start paying again in August, if no I would exercise my right to the 3 day notice to pay or quit. I wrote up a document containing that wordage which they signed. In their answer to the UD complain she stated I turned off the water (no, I live there), I entered her private premises with no permission, served the notice to quite to retaliate against her, I discriminated against her and I was in violation of rent control (their aren't any where I live). The judge gave her ample opportunity to prove her case which she had no proof. The judge sided in my favor. She also has started a small claims case suing for $7500 claiming "Defendants violated civicl codes 789.3, 1927, 1942.5, 1940.2 & 1954" and she calculated her money owed from loss of income, stolen property, damage car, loss of work days. Okay so my question is since these claims were already heard in the UD case, can I just go to the Small Claims court date and show the judge my Judgement and Writ? Or can I somehow have this dismissed as to not waste the courts time.

Thank you so very much

ScottGem · Sep 29, 2011, 10:48 AM

I would counter sue for the June and July rent, court costs and any other expenses incurred by such a frivolous suit. At the least I would ask for a dismissal of the small claims suit on the grounds that this issue was already adjudicated in housing court. Use the judgment handed by Housing court as proof.

If the dismissal is not granted, then file the counter suit.

Next time, don't be so nice. I can see giving a tenant one month to get their act together, but as soon as the July rent was late, I would have given the 3 day pay or quit.

ShawnDS · Sep 29, 2011, 01:23 PM

Counter suing would be a waste of time, I would have to stand in line. They have numerous collectors after them, not to mention she was just evicted out of her previous place in April. I have learned my lesson and will be doing background checks next time as she has theft charges and he has DV. I sincerely appreciate your advice, I will look into getting the case dismissed based on adjudicated.