We are being sued in California by a former tenant who wants her whole security deposit back even though there were repairs/ damage to our property. She is claiming breach of contract, even though there was never a written lease/rental agreement, because she stalled and refused to sign our contract. She had poor credit and her daughter agreed to pay her rent and to "co sign for her but not be a tenant. Now the daughter is suing us in small claims along with her mother. Can she be on/initiate a lawsuit when she was never a tenant? Thank you!
Answer
Yes. Although you did not have a written contract with either the mother or daughter, you did have an oral contract with both of them. You will need to provide proof to the court that you used whatever money you retained to repair the damage the tenant caused, and that you complied with California Civil Code section 1950.5.
Answer
I agree with Mr. Hoffman. For small claims information, check out: http://www.courtinfo.ca.gov/selfhelp/smallclaims/
Best of luck,
Bryan Becker
Becker Attorneys
La Jolla, CA
877-201-8728
Answer
If the daughter merely was a co-signer and never paid any of the rent, I do not see what actual monetary damages she suffered [none of the security deposit would go to her] so you should prepare a short written statement [brief] for the judge saying her case should be immediately dismissed unless she can prove damages [you do not want her testifying]. Be sure to have all of your proof as to the damages and give the judge an itemized list. If you failed to inform her in writing within 21 days after she left of what the damages were, you will lose.
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