will someone please, and kindly, be the judge?

Question

about 4 months ago my father rented out his garage to this woman. the garage had no restroom or kitchen, but he allowed her to share the living room bathroom and kitchen, since it was an attached garage. she had access to both at all times. when he first rented it to her, he didnt know that this was illegal. he was just a desperate man trying to keep a roof over his family. anyways, the woman and my father both agreed that she would be living in the garage for a few months at most. the morning after she moved in, my father found her on our living room couch. he asked her what was going on, since she only rented the garage. she then told him that it was illegal to rent out a garage. shocked, my father asked her kindly that he'd made a mistke, and instead of living there for a few months, she find a place to move asap. she told him shed move by the end of the month. howver, she made no effort to leave, and even caused a lot of trouble in the neighborhood. by the end of two months, my father was notified by city hall to ask her to leave. in the end, my mom found her a place to move to. she did leave, but didnt bring her stuff. by the second day of the 3rd month, the police asked her to take her belongings. according to the officer, we were to return her deposit once she returned our key. but after yet another month, we still didnt here from her.my father called her a couple of times about the deposit, but she never answred. recently, my father recieved a letter, saying that she was sueing him for the 2 months rent plus the deposit. she said that he "refuses" to pay her back the deposit after contacting him". but this is a lie, since he'd gladly return it, and besides thefact that she never contacted him at all. what is your opinin? will my father lose the court case? i mean, nobody forced her to move into the garage. my father didnt know it was illegal, but she did, yet went ahead and rented it anyways. thankyou so much. and please, no rude answers. my father and i know that what he did was wrong.

the deposit i understand, but does she get back the two months rent? i mean, she agreed to rent the garage and pay that much money, knowing that it was illegal.

oh im so sorry. by "letter" i meant a legal letter delivered by an officer for the small claims court. its official

oh thankyou for pointing that out. my father did go down once to personally talk to her about the deposit, when she returned to get her stuff, but she screamed over him, attracted attention from the whole block, and got all voilent with her hands (pointing and jabbing at him with her fingers) that he gave up and left. he never got a word out that time.

oh yes im in LA, California

Answer 1

I have a few comments on this.The woman told your dad that renting a garage was illegal so even if your dad didnt know the law...she did.....but rented it anyway.I dont see how she can really get anything back...and if she does....i would counter-sue for storage fee or something.I do not know where your at let alone the laws that apply.....sometimes common sense over rules the law of the land.I wouldnt worry to much about this peddler.....go to court and speak the truth.Good Luck!

Answer 2

During the two months she was there, where did she stay? If she stayed in the house, that money was rent and she doesn't get it back. It will most likely depend upon the judge how this is handled...but if the woman was living there, I doubt that the rent will be required to be returned. As far as the deposit goes, if she never returned her key and didn't come to get her things or contact you, it seems as though it was on her to follow through with getting the deposit back...no landlord returns a deposit without the tenant returning the keys. If you have an attorney be sure you meet with them in advance and be sure you understand the case. If you all are representing yourselves (which is likely since it's small claims i think) be sure to read up on the law in your state regarding tenancy. look at 'nolo press' and also 'renters board' and 'renters rights' sites for your town/state...they will help you with knowing both parties rights and responsibilities. good luck to you and your family.

Answer 3

Was there a written agreement between the two? One that states she agrees to paying rent? It may be best to contact a paralegal. They can give you a better answer and it wont cost you since they are just answering your questions....More like a free consultation. Now the woman was in the wrong since she knew. However; the court may not see it that way. He was informed that it was illegal. When she wouldnt leave he should have called the police {the DA's deffense} Your father on the other hand does have some things going for him....Phone records would be a big plus. When it is proved she never called then her case is shot.

Answer 4

As to the legality of renting the garage, I don't think your father can use ignorance of the law as a defense. After all, you can't get out of a speeding ticket by saying "I didn't know," because as a driver (and as a landlord, in your father's case), you are required to know the rules before you engage in the practice.

Secondly, whether or not he has to pay the rent/deposit back probably depends more upon the lawyer he is willing to pay for--a good lawyer could probably get him out of it, but at what cost? Lawyers charge an arm and a leg and the overall price of fighting it may be more than the rent/deposit would have been.

Overall, it sounds like a very ugly situation, and maybe his best bet is to try to settle out of court, after consulting with a lawyer to make sure he knows exactly what he is liable for.

Good luck, and I hope this helps.

Answer 5

This is only my opinion, since I really don't know. In small claims court, you are on your own. No lawyers allowed. Does you dad have any tangible proof of trying to contact her? Can he get copies of police reports showing the problems that occurred? Did she ever return the key? Does she have a history of doing this? I can't see how he can owe 2 months rent. The most I could see is the deposit, and that is only if she returned the key. She is at fault too, since she knew it was illegal.

Answer 6

Just because she's suing doesn't mean she'll win. Tell your father not to worry - he's done everything he can to rectify the situation. He should have sent her certified letters regarding the return of the key and his willingness to give her the deposit back so that he had something on paper.

Have you ever seen the movie "Pacific Heights"? Are you in California?

Whether you win or lose will be up to the judge and how well you present your case. Go with him!

Answer 7

If she gives the key back, she can get the money...so why waste the money on a lawyer and going to court if all she has to do is give the key back. I hate when people make a bigger deal out of things. If she does win the case I am pretty sure the judge would just make you give her the rent so it is a big deal for something so little. Good Luck!

Answer 8

If it's a Small Claims matter let her pursue her case. I have had sufficient dealings with the Small Claims Court to assure you that the judges are absolutely fair and understanding in cases like this. Don't worry about a thing. The judges in these forums are not harassed by lawyers and prosecutors. It's your word against hers and there is no way your father will get into any trouble.

Answer 9

in court she would probably have to prove somehow that she requested her deposit- but if your father doesnt know where she is or how to get ahold of her- he cant be held liable for not returning it in a certain amount of time. he will still have to pay it though- the 2 months rent may be legal for her to sue him for- she may be able to say that she was given an unlivable area, and because that is illegal- he may be ordered to pay it back- however- each judge is different- its possible he will look at her and say that she agreed to live there for rent, she was aware of what the place looked like before she agreed- and if it was unlivable- she would not have refused to leave.
good luck- its hard to tell

Answer 10

well it defenitly varies from state to state in this case. I believe that she may only get her deposit back, but maybe get her two months rent back also, but it varies from state to state

also i have a question did your rental or lease agreement make any mentions of like a spare phone number in case that you may contact her about returning the deposit back or better yet when she left did you ask her to leave a phone number and make her sign a slip that states that all of the information will be correct and she will answer the landlord's calls regarding returning of the security deposit? cause that's what i require my tenants to do cause i most definitly want to give them their deposit back.

anyways if that doesn't work then you could try reading "nolo: every landlords guide" from your local public library

*also if you have solid concrete proof taht you made any attempts to contact her (like if you used a cellphone, try to find the logs in your phone or hopefully if you reached her answering machine or something, then try to search for a cellphone bill during that period in which you attempted contact her)

hopefully that works

sucks that you had to be in this situation :(