Redding, CA asked in Libel & Slander, Criminal Law, Civil Litigation and Landlord - Tenant for California

Q: My friend destroyed my apartment and personal items in the place I was renting ended having to move can I sue him

He went to jail the night he was destructive to my home and is serving 3 years in county . He said he would help with damages and moving and will not now . My whole life was turned upside down and left me and my son homeless . I wasn't even home when he did what he did . I have pictures and he was on the local news and newspaper for what he did. I was able to find a rental that I was scammed out of lived there for 42 days and just recently was forced to move out of that place die to being herassed and feared for my life and the safety of my son . Now that landlord won't give me back my deposit or my last months rent I paid in advanced . I would never have had to be put in that situation if it wasn't for my friend that destroyed my apartment and left me homeless from his actions

3 Lawyer Answers
William M. Weinberg
William M. Weinberg
PREMIUM
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: This really isn’t a criminal law question. Of course, I would encourage you to file a small claims action against the landlord for stealing your deposit. I’m sorry all this is happening to you it must be incredibly stressful.

Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: To sue you would have to pay the filing fee and service of process. Its called putting good money after bad money.

So now you spent the extra money and you have a judgment.

How are you going to collect from someone in prison without any funds?

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info need.

however, you can always sue anyone for anything. the issue is will you prevail and can you find a lawyer.

most lawyers would not take a case like this and if they do they would do it on an hourly and ask for a retainer.

remember you can always sue in small claims court

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.