McKinleyville, CA asked in Landlord - Tenant and Small Claims for California

Q: I recently entered into a verbal agreement to rent a space for $300/mo. Then I found out it was HUD and an illegal

sublet. I paid a total of $450. Can I recover my rent money if I spent less than two weeks total there? She is refusing to give back the over payment.

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

A: Verbal agreements can be legally binding, but proving the terms without written documentation can be challenging.

If the sublet is illegal, it may affect the validity of the agreement.

If you overpaid, you may be entitled to a refund of the excess amount.

Consult with a lawyer who specializes in landlord-tenant law to understand your rights and explore legal options.

Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Your case involves a contract. Given the amount in issue is $450, you qualify for a hearing in small claims court. Each court has a website that discusses how to file your action in small claims over the computer. There are filing fees involved, however, if you are very low income, you may qualify for a fee waiver. You need to speak with an attorney practicing in this area of law to secure your rights, don't delay. Thank you for using Justia, Ask a Lawyer.

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