Legal Question in Real Estate Law in California

How do I defend myself, in this situation

''X'' landlady is taking me to small claims court. she wants money for rent last month, and tons for utilities, aprox. 7 months worth.

1. Verbal agreement - rental

2. Invasion of privacy, come into my room uninvited, in my room while i'm gone, tampering with my mail. Going through the trash piece by piece early in the A.M. (3:30) locked in the garage, and listening at my door.

3. Admitted 2 friends to move in (rent, grocery, utilities = all free

4. Stated she would allow me to do work on her house and car to subsidize the rent.

5. Would not let me see utility bills, said just give me money.

6. Spied on my friends and I when they would visit. She would go in her room, enter her patio where she would climb a ladder to the roof.

7. Verbally attacked me when I had guests and my children over.

8. She and her friends would eat our groceries, constantly. Then they would toss a five on the counter, what a joke.

She is asking for last month's rent and a ton of utilities. What defense do I have in small claims ? I need help fast, my court date is 6 days away. Do I have a chance to beat her and not pay. Should I counter sue her? please help.


Asked on 9/01/01, 6:09 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: How do I defend myself, in this situation

Unfortunately, this did not get posted to the attorney network until just recently.

First of all, she would be required to document any utility bills in court ... the judge will not just take her word for it.

Next, you could have countersued her, but that might be too late based upon your court date.

Depending on the outcome in the court, you may have the right to appeal a decision that went against you, or you could possibly file a new law suit.

Call me if you have any questions, otherwise, good luck.

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Answered on 10/11/01, 12:42 pm


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