I sublease office space to psychotherapists. A long term tenant in the midst of her sublease agreement became ill and .

Question

could no longer practice.  To help her out I agreed to search for someone to take over her office and sublease.  In the midst of this search her husband, an attorney, offered to subsidize the rent payment for the new tenant so as to lower the rent and rent the office sooner.  I accepted his offer, and soon rented the office to another therapist.  He then refused to pay the $300 per month he had agreed to.  It's been almost two years and he now owes me several thousand dollars.  i send him an email with the balance every month.  I would like to file against him in small claims court.  I have two questions - the office is located in Oakland (Alameda County), and he lives in Walnut Creek (Contra Costa County).  Is there an issue with my filing in Alameda County.  My second question involves his legal responsibility to pay.  His wife (my original tenant) has died.  Is he therefore a "guarantor" and therefore liable for a portion of what he owes, or is he liable for the full amount.

James L. Arrasmith · Answer

Based on the information you provided, here are my thoughts on your two questions: 
 
1. Jurisdiction: In California, you can generally file a small claims case in the county where the defendant (in this case, the attorney) lives or where the incident occurred. Since the office is located in Alameda County and the agreement was related to that property, you should be able to file the case in Alameda County. However, it's always a good idea to double-check with the court clerk or consult with a local attorney to ensure you're filing in the proper jurisdiction. 
 
2. Legal responsibility: The husband's liability depends on the specific nature of the agreement you had with him. If he signed a written agreement or sublease as a guarantor for his wife's rent, he would typically be responsible for the full amount he agreed to pay, even after his wife's death. A guarantor's obligation is usually independent of the primary tenant's obligation. 
 
However, if there was no written agreement and the arrangement was more informal, it might be harder to prove the exact terms of the agreement and his liability. In this case, the court would consider the available evidence, such as emails, text messages, or witnesses, to determine the nature and extent of his commitment. 
 
Regardless of the outcome, it's essential to present all relevant documentation and evidence to support your claim in small claims court. 
 
Please note that this information is based on general principles and should not be considered legal advice. It's always best to consult with a local attorney who specializes in landlord-tenant law for guidance on your specific situation.

Q: I sublease office space to psychotherapists. A long term tenant in the midst of her sublease agreement became ill and .