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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am landlord. I filed eviction to tenant because I find out

Customer Question

I am landlord. I filed eviction to tenant because I find out they have pets and sub tenant.
They fight back for wrongful eviction. Now they ask for settle. They ask for $6k to settle. My question is:1) If we go trail, and I lose, what is the consequent?A, they as defendant, they ask for jury trail.
B, I will pay them lawyer fee plus $2000 fine, Maybe $15K;
C, Judge will allow them stay till lease end?
D, Judge will allow them have sub tenant?
E, is there way I can get rid of sub tenant? Do I need to file another case to fight sub tenant issue?
F, If I lose, can I pay lawyer fee to their lawyer directly or I have to pay tenant. Do I pay the exactly amount they paid to their lawyer or other lower rate which Judge can decide?2) If I drop the case now, what is the consequent?They will sue me for wrongful eviction?
A, they as Plaintiff, can they ask for jury trial?
B, I will pay them lawyer fee plus $2000 fine, maybe much less than $15k?
C, they will stay till lease end?
D, Judge will allow sub tenant or not?3) I’d like to know which way is better for me,A, accept settle, pay tenant $6k;
B, continue eviction trail since they are wrong. Their reason is I do not give them chance, I just ask them quit in 3 days; I may have 80% to lose and pay them lawyer fee as what rate?
C, Drop the case, let them sue me. I have 80% chance to lose and pay them lawyer fee may much less then jury trial? And at what rate?
Submitted: 19 days ago.
Category: Legal
Expert:  Brandon M. replied 19 days ago.

Good afternoon. I am a California licensed attorney. There are a lot of questions here and I'm glad to help, but I will need to collect some additional information and I also suspect that my answers will lead to more questions. Before I start typing it all out, would it be better for you to discuss all of these things by telephone?

Expert:  Brandon M. replied 19 days ago.

I ask because the website does offer phone calls as a "premium service", so it is possible for us to connect in that way. Just let me know your preference. Thanks.

Customer: replied 19 days ago.
1) I am landlord. I singed lease with my tenant:
1st lease between me and tenant was March 7, 2014 to March 31,2015;
On 1st lease, there is writing permission allowing tenant has sub tenant;
2nd lease between me and tenant was April 1, 2015 to May 1, 2016;
On the 2nd lease, no writing permission allow sub tenant.
3rd lease between me and tenant was May 2, 2016 to May, 2 2017;
I give 3rd lease to tenant ask them sign, but they modified date to 06/15/2017, I am not agreeing, I asked them resign on the un modified lease and take a picture email back to me.
Customer: replied 19 days ago.
I find out they have pets and have sub tenant. I give them 3 days notice to quit. Now they ask for settle. They ask $6k to settle and will leave at the end of lease. Their lawyer said they my win since I did not give them chance.
Expert:  Brandon M. replied 19 days ago.

From where do these dollar amounts come? Who came up with these numbers and how?

Customer: replied 19 days ago.
Tenant lawyer
Customer: replied 19 days ago.
They said, they have $3000 lawyer fee and ask for additional $3k for settlement.
Expert:  Brandon M. replied 18 days ago.

My apologies.. I had written a response, but it appears that it did not post. I was waiting for you to reply to a question that apparently never appeared. I appreciate the clarification that the tenant's lawyer came up with these numbers, but how does s/he justify $3,000 to settle the case? Settle what? Are you being countersued? Why $3,000?