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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
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Paid $5250 too lease a vacant building (to rehab) but the

Customer Question

paid $5250 too lease a vacant building (to rehab) but the old tenants still living on property. Owner rented rooms without permission. What are My rights?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did you inspect the property prior to renting it?

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If so, were there people living there then?

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Does your lease cover the entire building?

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thanks

Barrister

Customer: replied 1 year ago.
we were told the guy was there helping to rehab. but told us they were moving out on the first of Oct. instead Landlord moved in an additional two people charging 750 for the couple and 700 for each of the two guys
Customer: replied 1 year ago.
We paid a total of $5250 for the first month not knowing the landlord was charging the two workers $700 and the new couple 750,. and expects me to pay again this month and I haven't moved in yet nor started rehabbing. cant even access all the rooms.
Expert:  barristerinky replied 1 year ago.

Ok, then you would have grounds to sue the landlord for breach of contract for failing to deliver the property vacant as agreed. If you rented the entire building and it was agreed to be vacant in the lease, then the landlord has the duty to deliver an empty building.

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So you would have grounds to sue him for breach of contract in small claims court for any damages you have sustained as well as to force him to eject the occupants because if he signed leases with them after signing one with you, then theirs is invalid since he can't rent the same property to two different parties at the same time. Once he signed a lease with you, he no longer has the right to lease to anyone else until your lease expires.

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The limit in CA is $10,000 and the clerk will have the summons and complaint forms that you need to file and have the sheriff serve on the landlord to force him to come to court and explain why he is violating your legal rights to use and possession of the entire premises.

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thanks

Barrister

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