He's Suing ME?

[gryndor]

What is the name of your state? California

I've recently moved out of a crummy apartment, and yesterday while my roommate and I were cleaning, the manager stops by and hands me some paperwork. As I read over this paperwork, it says that the landlord has decided to sue me for unpaid water and garbage bills, and for two bounced rent checks. There is no itemization, and in the little box that asks has the defendant been previously notified of this issue, he checked "yes."

Now, we never had a lease, or even a written rental agreement. We were supposed to sign a lease, but the manager-at-the-time never followed through, and we lived there for almost a year, lease-free. I suppose no one was any the wiser until we gave our notice. Either way, there was never an agreement that said we were to pay water and garbage... so does that imply that it is our responsibility, or not?

Also, I have never received notice of bounced checks, either from the LL (or managers), or from my bank. Did he need to notify me in some way shape or form before he can proceed with a claim?

Additionally, I was trying to look up any other small claims cases he might currently (or within the last 12 months) be involved in (since the manager said there were quite a few), and I can't seem to find any searchable database that would show me such information. I know that these db exist for other counties and states, but does one exist for Alameda County, CA?

If this guy lied on the filing paperwork, would it be worthwhile to bring that up in my case?

Does he even have a case? Should I worry at all?

Thanks,
Gryn

 

[panther10758]

Ok he is say ing you didnt pay some utilities? You have been there a year had you paid these at anytime? If not and there written agreement or ad from which you found rental doesnt say your in clear. What bothers me is the two bounced checks! Even if he had not told you you would know through your bank! Your not going to get out of that one I'm afraid

 

[Hot Topic]

Talk to your bank, and come up with proof that you not only paid the rent, but the money was taken out of your account. If you can't, he can take you to court, and it won't matter what other cases he has been involved in.

Your landlord will have to prove that you were obligated to pay water and garbage.

 

[gryndor]

Ok he is say ing you didnt pay some utilities? You have been there a year had you paid these at anytime? If not and there written agreement or ad from which you found rental doesnt say your in clear.

I don't really understand you. I was never asked to pay these utilities, it was never advertised as such, there was no written agreement that outlined these utilities as paid by the tenants, no other tenants in the building pay these utilities... nothing.

What bothers me is the two bounced checks! Even if he had not told you you would know through your bank! Your not going to get out of that one I'm afraid

Talk to your bank, and come up with proof that you not only paid the rent, but the money was taken out of your account. If you can't, he can take you to court, and it won't matter what other cases he has been involved in.

Your landlord will have to prove that you were obligated to pay water and garbage.

All the rent payments went through. No check was ever bounced. I just went through my bank statements and I have check numbers for each and every month, the dates they were cashed... and I have copies of most of them. He got every single penny of rent and this is the first I've heard about bounced checks.

Hope that clarifies.

 

[danno6925]

If this guy lied on the filing paperwork, would it be worthwhile to bring that up in my case?

That would be my case. Prove he's lying on the paperwork that started the lawsuit, and the rest of his case against you instantly becomes suspect. So long as you have irrefutable proof that you were never supposed to pay these utilities, have never paid these utilities in the past, and could not have been reasonably expected to pay the utilities in the future, you sound like you might be able to shoot this guy down in court.

Does he even have a case?

Everyone "has a case". Problem with his is that it sounds like you have stronger evidence to the negating the claims of his case against you.

Should I worry at all?

Not really, but you should prepare yourself as though you're going to court. Let the LL know via trackable certified mail RRR that you intend to dispute his claims against you.

I have copies of most of them

Call your bank and get copies of all checks written during the entire period you were renting there. Any missing checks are holes in your ability to prove a check for rent was written and cashed by the LL. He could point these out as the ones that supposedly bounced.

Good luck

 

[panther10758]

Utilities

In reference to my other question. What I asked was "if" you had paid these bills while there? I understand you have nothing in writing saying you should and that other tenants did not. did you pay them? If you did up until before you left its reasonable to assume you were resonsible for them because you had been paying them! Now if your bank has no record of NSF checks then your LL will be bringing false documents to court and could land himself in trouble!

 

[gryndor]

In reference to my other question. What I asked was "if" you had paid these bills while there? I understand you have nothing in writing saying you should and that other tenants did not. did you pay them? If you did up until before you left its reasonable to assume you were resonsible for them because you had been paying them! Now if your bank has no record of NSF checks then your LL will be bringing false documents to court and could land himself in trouble!

No, I have never paid any of these utilities. Nor have any of my neighbors.

Thanks Danno. I will be sending him that letter asap!