Heading to Small Claims Court with landlord

[DSB2007]

What is the name of your state? California

I was wondering if I can get some help with this. My landlord is taking me to small claims court for breaking my lease. I countered with a constructive eviction lawsuit. My landlord is sueing me for the remainder of the rent left on my lease, even though the house was only vacant for one month and she kept my security deposit to cover that month. I had a one year lease and stayed there for 5 months. Now for the remaining 7 months on the lease she is trying to enforce my lease even though somebody re-rented the house a month after I moved out for 500.00 more a month then I was paying.

There is much more to my case then this, as I was a victim of physical threats from my landlord and threats to lock me out of the house. I also had my electricity siphoned without knowing and also was left with the house in a state of disrepair when I moved in.
Once I complained to her about this, is when the trouble started and they made it unbearable to live there.

I know there is a law in the state of california that if she is trying to enforce my lease even though somebody moved in, I can sue her for the 500.00 a month extra she is making over the amount of my lease. So I can include in my countersuit an extra 3000.00 for her making 500.00 extra a month for the last 6 months.

Does anybody know the exact law where it states this as I want to cite it in the small claims case when presenting my case to a judge.

Thanks,

 

[Cvillecpm]

There are several EXCELLENT Nolo Press books as well as information on their website for suing/preparing in Small Claims court....you do need to have proof of the property being re-rented and subpeoning the NEW RESIDENTS and THEIR LEASE documents into court is the BEST way to prove your landlord's case is bogus.

 

[DSB2007]

Thanks for the reply....

I did one better, I subpoenaed the new tenants as witnesses on my behalf and they are ordered to bring certified copies of all checks paid to my landlord and also copies of all electric bills as my landlord siphoned electric off me also. What I am looking for is to cite the law that states I am entitled to anything over my lease payment if my ex-landlord is trying to enforce the lease.

That is my big question.

 

[Cvillecpm]

Your landlord is required to MITIGATE and you use that term your DAMAGES by re-renting the property.

You need to PAY for any check "certification" of their rent checks by the new residents as that cost money from their bank AND you need to have remitted any WITNESS FEE with the subpoena to pay them for their time...

Don't act too much like an attorney with "citing" statutes, just show where your landlord is trying to collect twice.

 

[Zigner]

What I am looking for is to cite the law that states I am entitled to anything over my lease payment if my ex-landlord is trying to enforce the lease.

You aren't entitled to anything as you are seeking. Go to court with your evidence and be happy when his case against you is decided in your favor