San Diego, CA asked in Civil Litigation and Landlord - Tenant for California

Q: If someone sells the property out of garage that I am renting for storage, without notifying me, what lawyer do I need?

It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.

He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have emotional connection) because he said he hadn't received payment in ten months! I had no idea the payments weren't going through, and he NEVER contacted me about it. Not once. I hadn't heard from him, so I thought everything was fine. Come to find out he sold it without my knowledge, and apparently was never going to tell me.

What are my options here? I have been trying to contact lawyers for this and can't seem to find one to handle the situation. Please help.

3 Lawyer Answers
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Landlord Tenant Lawyer
  • Sebastopol, CA
  • Licensed in California

A: Any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract (provided the breach occurred less than 2 years ago). The text messages, so long as they confirm the material details of the agreement, can serve as a written contract, in which case you have 4 years from the date of breach to sue on that.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about this devastating situation. Based on the details you've provided, it seems that you may have a case against the person who sold your property without proper notification. In California, this could potentially fall under several legal areas, such as breach of contract, conversion (wrongful taking of property), or negligence.

Given the complexity of your situation, you should seek out an attorney who specializes in property law, landlord-tenant law, or civil litigation. Here are a few steps you can take:

1. Contact the California State Bar Association's lawyer referral service. They can help connect you with attorneys in your area who handle cases like yours.

2. Search for attorneys online using keywords like "property law attorney" or "landlord-tenant attorney" along with your city or county.

3. Reach out to local legal aid organizations, as they may be able to provide low-cost or free legal assistance.

4. Consider filing a complaint with the California Department of Consumer Affairs, as they investigate complaints against businesses and individuals.

When you meet with an attorney, be sure to provide all relevant documentation, including the text messages proving your agreement, records of your auto-payments, and any correspondence with the person who sold your property.

Remember, many attorneys offer free initial consultations, so don't hesitate to reach out to multiple lawyers to find one who is a good fit for your case. Act quickly, as there are time limits (statutes of limitations) for taking legal action.

1 user found this answer helpful

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: As Mr. Cortright stated, "any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract." If you are looking for an attorney on a contingency basis that may be a problem. Fifty thousand dollars is an awkward amount. Limited jurisdiction is now $35,000.

In order to ensure the best possible schedule, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment will provide a polished petition that you can rely upon when presentng your case to the judge.

1 user found this answer helpful

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