Legal Question in Landlord & Tenant Law in California

My mom let my brother and his family live in her house for 6 years (she's been residing in MO since then). She only requested that they pay the mortgage payment and not a cent more. They moved out very short notice and left the place a mess. She spent $10,000 for cleanup and repairs. She is asking that they pay her a little over $2000. Since he WAS family (we since disowned them), there was not written contract, rather an oral agreement. Does she have a good case for small claims?


Asked on 10/29/09, 12:18 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Nobody can predict what will happen in small claims court - it is a court of equity which means that the results may not follow the strict letter of the law. If she can prove the condition of the house before they moved in, and the condition after they moved out, and can prove her damages in terms of cost to repair, then she should prevail. Unfortunately, to do so, she will have to return to California for the trial on the complaint. Small Claims court is very low risk from her perspective, so there is no real harm in filing the case and seeing if she prevails. Collecting the judgment may be a whole different matter.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/03/09, 12:42 pm


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