What is the procedure for taking your Landlord to court?

[unliable]

What is the name of your state (only U.S. law)? California

I rented a room in a home. 2 weeks into my rental agreement they forced me out of the room and asked me to stay in the living room instead. Apparently there saying the room was previously occupied and the tenant came back earlier than anticipated from vacation... I obviously paid for a room and it states it in the contract so Im thinking I just have to leave. How do I take them to court to get part of my money back? (600 for the room so 300 back plus a 200 security deposit)

And is every page of the contract supposed to be initialed? Theres only a signature on the last page of a 5 page contract, was this done correctly? I have the contract but I'm thinking what is going to stop them from saying that isn't what I signed??

 

[Zigner]

It appears that you accepted sleeping in the living room. You think you should have been allowed to live there for free?

 

[unliable]

It appears that you accepted sleeping in the living room. You think you should have been allowed to live there for free?

obviously Not but thanks for the condensing answer!

If you actually read what I wrote there is never a mention of me accepting the living room... also I already paid 600 to live in a room for a month, Ive only lived there for 2 weeks... thus there is a breach in contract by means of a self-help eviction as I understand it ...and at least 500$ of damages considering half of rent and a deposit which Im certain they are planning to keep.

Next time try to be helpful instead of a dick... otherwise why are you even on this forum???

 

[Zigner]

Your writing leaves a lot to be desired when it comes to clarity.

Why don't you just tell them "no" - tell them that you're perfectly comfortable with the room you rented?

 

[unliable]

Your writing leaves a lot to be desired when it comes to clarity.

Why don't you just tell them "no" - tell them that you're perfectly comfortable with the room you rented?

Sorry if I wasn't clear this all happened last night and I was taken back by it. I would of said no if it was an option. They told me I HAD to leave the room and the guy moved in last night. I ended up staying at a friends and let them know that the living room is unacceptable. They are saying they are going to give me my money back but are making excuses and delaying... the whole situation is extremely suspect and I'm trying to prepare myself for the worse right now. It seems as if they are planning to pocket my 800$ for my 2 week stay given the outlandish lie that they gave me on why they are not able to pay soon...

But if you are suggesting that I should somehow enforce my right to stay in the room I'm all for that just let me know how.

 

[Zigner]

Sorry if I wasn't clear this all happened last night and I was taken back by it. I would of said no if it was an option. They told me I HAD to leave the room and the guy moved in last night. I ended up staying at a friends and let them know that the living room is unacceptable. They are saying they are going to give me my money back but are making excuses and delaying... the whole situation is extremely suspect and I'm trying to prepare myself for the worse right now. It seems as if they are planning to pocket my 800$ for my 2 week stay given the outlandish lie that they gave me on why they are not able to pay soon...

But if you are suggesting that I should somehow enforce my right to stay in the room I'm all for that just let me know how.

The time to enforce your right was last night. Now you may just be chasing the tiger's tail. I would suggest that you aggressively pursue legal options for the repayment of your money. You may have to sue them...

 

[FarmerJ]

First Id suggest you consider sending the LL ( person (s) you rented from a certified letter stating the obvious , this is a formal demand that they refund to you your deposit and un used rent with in (x ) days or wont have a problem taking them to court for the money and any applicable penalty to them your state offeres as a consequence because they illegally evicted you from space you paid for. Send it say via confirmed mail delivery and if there was more than one person you rented from send one to each of them and if they don't pay up then go to your county clerk of the court and tell the clerk you would like to file for a small claims court hearing to sue someone, and ask how much the filing fee is. You will have to fill it all out including what your complaint is ( that you were rented a room and then the LL self help evicted you and LLs offer for you to stay in the living room was not acceptable , you asked for refund ( it will be prorated amount on the rent and full on the deposit) and they had not refunded your deposit or un used rent as of this filing.

 

[unliable]

Thank You!

First Id suggest you consider sending the LL ( person (s) you rented from a certified letter stating the obvious , this is a formal demand that they refund to you your deposit and un used rent with in (x ) days or wont have a problem taking them to court for the money and any applicable penalty to them your state offeres as a consequence because they illegally evicted you from space you paid for. Send it say via confirmed mail delivery and if there was more than one person you rented from send one to each of them and if they don't pay up then go to your county clerk of the court and tell the clerk you would like to file for a small claims court hearing to sue someone, and ask how much the filing fee is. You will have to fill it all out including what your complaint is ( that you were rented a room and then the LL self help evicted you and LLs offer for you to stay in the living room was not acceptable , you asked for refund ( it will be prorated amount on the rent and full on the deposit) and they had not refunded your deposit or un used rent as of this filing.

I didn't realize it was that simple... Thank you for taking the time to explain it. I hope they'll pay up by tomorrow but I highly doubt it ...seems like this was there plan all along (to make me pay 800 to live in their living room) but anyways I guess Ill just type up a letter and send it certified tomorrow.

Thanks Again!

 

[FarmerJ]

So you understand , even if this was to be a sublet where you didn't pay the actual owner but say you paid someone else who lived there that decided to try to fill a vacancy them self , like it or not when they do that they too are obligated to follow landlord tenant law even if they are truly ignorant ( the courts wont care and take the view that if your going to act like a landlord then you are to be treated as one, when it comes to sublets or roommates, which I bet are especially common in housing occupied by college age renters or roommate (s) who try to fill a vacancy them self . Just keep in mind that wining a judgment does not make collecting easy. BUT what will happen is that once a judgment is entered then tenant screening firms may well find it and other landlords in the future can use that information as reason to refuse to rent to them, also there is a chance that unpaid judgments can impact other credit things and even impact insurance rates and last there are some employers who do decide to run credit history of applicants before making a final offer to employ.

 

[unliable]

So you understand , even if this was to be a sublet where you didn't pay the actual owner but say you paid someone else who lived there that decided to try to fill a vacancy them self , like it or not when they do that they too are obligated to follow landlord tenant law even if they are truly ignorant ( the courts wont care and take the view that if your going to act like a landlord then you are to be treated as one, when it comes to sublets or roommates, which I bet are especially common in housing occupied by college age renters or roommate (s) who try to fill a vacancy them self . Just keep in mind that wining a judgment does not make collecting easy. BUT what will happen is that once a judgment is entered then tenant screening firms may well find it and other landlords in the future can use that information as reason to refuse to rent to them, also there is a chance that unpaid judgments can impact other credit things and even impact insurance rates and last there are some employers who do decide to run credit history of applicants before making a final offer to employ.

That is good to know and helps a lot Thank You!

One final question how do I prove that I was self-help evicted on a certain day?

Couldn't they argue that I just left? There is someone else renting the room right now... I need to find a lawyer...

 

[unliable]

to answer my own question I just called the cops. they wrote a report. If anyone is interested in the case I can post updates if they for some dumb reason decide not to pay the money owed...