Landlord Tenant

[Mordi]

I am in California and I have a case between my former landlord who is holding my security deposit and he is charging me expenses on top of that. We had an agreement that I if I bring a new tenant right away they will wave my last month. Unfortunately the deal with the tenant I brought didn't go through because they had a disagreement and this new tenant was mistreated by the landlord and ran away from him. I asked her to be my witness with a letter but she refuses to do so, saying that is not safe for her. Can I still mention her in the case and bring copies of texts I have probing that she felt unsafe, etc? Or I am infringing the law? Thanks in advance for any help you can provide.

 

[HRZ]

Part of the OP's problem is what is meant by a new tenant ....apparently this new prospect failed to become a new tenant ?

 

[Mordi]

Yes it failed to become a new tenant due to a disagreement between them. Now my question is she refused to give any testimony on a letter or at court cause she doesn’t feel safe. But I have proofs by text an email from her that can help me on my case. Do st have he right to use those proofs?

 

[Whoops2u]

Yes it failed to become a new tenant due to a disagreement between them. Now my question is she refused to give any testimony on a letter or at court cause she doesn’t feel safe. But I have proofs by text an email from her that can help me on my case. Do st have he right to use those proofs?

You can always try. But, they are considered hearsay (out of court statement offered for the truth) and the judge probably won't let it in.

https://law.justia.com/codes/california/2017/code-evid/division-10/
1200.
(a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

(b) Except as provided by law, hearsay evidence is inadmissible.

(c) This section shall be known and may be cited as the hearsay rule.

 

[HRZ]

You failed to produce a new actual tenant

 

[FarmerJ]

if this argument happened after replacement tenant moved in then your LL could not bother you any more but at this point you were not replaced .

 

[Mordi]

You can always try. But, they are considered hearsay (out of court statement offered for the truth) and the judge probably won't let it in.

https://law.justia.com/codes/california/2017/code-evid/division-10/
1200.
(a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

(b) Except as provided by law, hearsay evidence is inadmissible.

(c) This section shall be known and may be cited as the hearsay rule.
[/QUO

 

[Mordi]

You can always try. But, they are considered hearsay (out of court statement offered for the truth) and the judge probably won't let it in.

https://law.justia.com/codes/california/2017/code-evid/division-10/
1200.
(a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

(b) Except as provided by law, hearsay evidence is inadmissible.

(c) This section shall be known and may be cited as the hearsay rule.

Thanks for your help

 

[Mordi]

You failed to produce a new actual tenant

I wouldn’t say I failed. The landlord was responsible for breaking up the deal with excuses and his harsh behavior and left me out with no other choices. I had a list of other possible tenants lining up. I can prove that

 

[Shadowbunny]

I wouldn’t say I failed. The landlord was responsible for breaking up the deal with excuses and his harsh behavior and left me out with no other choices. I had a list of other possible tenants lining up. I can prove that

Possible tenants don't count. And unless your "witness" can actually be there to testify, then texts/letters aren't going to help.