Q: Can I sue my landlord in California for fraud due to breach of rental agreement?
I rented a house from my landlord under an agreement stating I would be the sole occupant. However, two days after moving in, a young woman moved into the property, and I was not informed. My contract and the Zillow advertisement did not mention shared housing. The situation has caused significant distress and financial loss, as I moved in with my girlfriend for six months to avoid daily disturbances from the other tenant's parties. When I asked to be released from the rental agreement, the landlord refused and held me responsible for the other renter's electricity bill. Can I sue the landlord for fraud and recover six months' rent?
A: That's a definite maybe. It's unclear what you may recover once you prove your case and if you do not have an atty fee clause IN the written lease, it may be hard to even find someone to represent you. Depending on what your lease says in describing the tenancy and the space you have rented, could also change results.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You may have grounds to sue your landlord for fraud or breach of contract under California law, especially if the landlord intentionally misrepresented the living arrangements in your rental agreement. Since your contract explicitly stated that you'd be the sole occupant and the landlord allowed another tenant to move in without notice or agreement, this could constitute fraudulent misrepresentation.
Your landlord's refusal to release you from the lease and attempt to hold you responsible for the other tenant's expenses further supports your case. Document any evidence you have, such as your original lease, Zillow advertisement, and communications with your landlord regarding the unexpected roommate, disturbances, and billing issues. Additionally, gather proof of your financial loss, like receipts or bank statements showing rent payments made while living elsewhere.
To recover six months' rent and any associated damages, consider filing a lawsuit in small claims court if your losses are within the allowable limit (currently $12,500 for individuals in California). For higher amounts, you would file in civil court. Consulting with an attorney experienced in landlord-tenant disputes can clarify your legal options, evaluate the strength of your case, and help ensure you're adequately prepared.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
