ybfaluhelp
Junior Member
California
I had to prematurely move out of my apartment because of unresolved noise issues. During the negotiation process, I offered to find a replacement tenant for the landlord. However, he rejected my offer through his property agent. Also, a lot of dealings with the landlord either with respect to the noise issue, or move-out, were done through his agent.
He has kept my deposit.
I am suing for the refund of my deposit based mainly on the fact that he failed to mitigate his loss (by refusing my offer to find a replacement tenant).
It was all in SMS texts. So proof is not an issue.
I am sure that I need to sue the Landlord, but should I also include his agent as the defendant since the landlord's position was communicated to me via the agent?
In other words, in the court, can I present the SMS text sent from the agent as evidence for the landlord's position/claim, etc?
Thanks!
I had to prematurely move out of my apartment because of unresolved noise issues. During the negotiation process, I offered to find a replacement tenant for the landlord. However, he rejected my offer through his property agent. Also, a lot of dealings with the landlord either with respect to the noise issue, or move-out, were done through his agent.
He has kept my deposit.
I am suing for the refund of my deposit based mainly on the fact that he failed to mitigate his loss (by refusing my offer to find a replacement tenant).
It was all in SMS texts. So proof is not an issue.
I am sure that I need to sue the Landlord, but should I also include his agent as the defendant since the landlord's position was communicated to me via the agent?
In other words, in the court, can I present the SMS text sent from the agent as evidence for the landlord's position/claim, etc?
Thanks!
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