Legal Question in Civil Litigation in California

Can a husband and wife each bring a small claim against their landlord

Two different claims against the landlord: In Los Angeles- Small Claim Court

Tenant versus landlord

Two claims against the company/landlord:

One for breach of the covenant of quiet enjoyment

the other for return of security deposit.

Can the husband file one and the wife the other?


Asked on 10/08/08, 9:25 pm

1 Answer from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: Can a husband and wife each bring a small claim against their landlord

If the claims arise from the same facts, then the answer is NO. This is known as 'claim splitting' and is not allowed. You will have to bring all your claims before the same court at the same time.

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Answered on 10/09/08, 12:05 am


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