Legal Question in Landlord & Tenant Law in California

Can I sue marina owner for allowing me to be a liveaboard when he knew the land use permit doesn't allow them? The owner is a slumlord, greedy and unprofessional that he allowed undesirables in, they caused problems, brought in undesirable friends at all hours and many police calls were made. Now I've been given a notice and order to abate in 10 days. I'm a quiet, pay rent on time tenant but now I've no where to go. The owner caused me to be so stressed and scared to be homeless at 60 years old...all because he couldn't hire a maritime lawyer to evict the bad ones. Can I sue for this emotional mess I'm having?


Asked on 11/26/22, 2:23 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You are unlikely to have any kind of case for the emotional upset. The standard for emotional distress damages is very very high. The ordinary upsets of life, including someone cheating you or breaching a contract isn't sufficient. Any other basis for a legal claim would depend on whether or not you knew that it was not legally permitted for you to liveaboard. If you didn't, you may have a case for breach of contract and fraud. If you knew and he knew, and you made your agreement, you have no case.

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Answered on 11/28/22, 7:36 am


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