Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

If I feel I was taken advantage of in terms of being

Customer Question
If I feel I...

If I feel I was taken advantage of in terms of being overcharged, do I have any legal recourse to recoup already paid rent?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

It was a verbal rental agreement, being charged $1000 a month to share a bedroom in a four bedroom house. I have not filed any paperwork as of yet.

Lawyer's Assistant: Where is the house located?

East Culver City, CA. Zip code 90230.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I lived there for 10 months from Oct 2016-August 2017.

Submitted: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
3/15/2018
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Thank you
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

Unfortunately a lease is a binding contract even if it is oral. So if there is a set amount that would be binding. Now if the unit was not habitable, or if there were maintenance issues (ie broken dishwasher, no parking as promised etc) then the tenant can sue for the difference in rent paid, and the fair rental value of the unit as it actually exists due to the defects and the resulting depreciated rental value.

But unfortunately the courts will not normally go back in time and rewrite/negotiate the terms of a lease.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
That’s unfortunate. The situation was my ex-girlfriend’s (shocker) parents allowed us to live at their house rent free as long as we saved at least $1000 a month. We broke up and I took half of our joint savings account. Then her parents sued me for unpaid back rent for $10k and were awarded it because the three of them said it was a binding verbal contract.
Customer reply replied 1 month ago
Which of course there wasn’t, but the three of them aligned their stories against mine.
Customer reply replied 1 month ago
Can you think of any recourse I have to recoup some of my losses?
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

That is very frustrating.

So basically a judge can determine there is an oral contract and if it's 3 against one they may decide that (which does not seem fair if the 3 are self motivated to agree).

It is possible to appeal a small claims judgment if there is an error of law but unfortunately if there has already been a ruling the court will not rehear the case because it is "res judicata".

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Yeah frustrating is an understatement. Basically it was a legal shakedown.
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

Normally the judge will require proof of payment (rent) as opposed to mere verbal testimony as well.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
If a person had a default on a yearly maintenance fee but
If a person had a default on a yearly maintenance fee but was unaware of it and this resulted in a claim of lien and a notice of intent to foreclose on a timeshare in FL, does that mean that the amoun… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
Can an association give the maintenance salaried man a $200
can an association give the maintenance salaried man a $200 a week raise without members vote? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Can a condo association in Boynton Beach give a maintenance
can a condo association in Boynton Beach give a maintenance employee a $200 a week raise without notifying member of same. We found out at a yearly budget meeting and noticed the salary was that amoun… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The maintenance manager of my apartment complex enters my
The maintenance manager of my apartment complex enters my apartment when I am not home, and the reason I know about it is because he makes it obvious by moving things around, my sofa, the rugs, things… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
If a condo board has contracted for specific maintenance
If a condo board has contracted for specific maintenance with requires unit owners to remove personal property from a specific location during the project; can a board member legally allow a unit owne… read more
legalgems
legalgems
Arbitrator
12,570 satisfied customers
We live in Florida and entered into a rental agreement on
We live in Florida and entered into a rental agreement on June 11 2015-June 12 2016. We fulfilled the lease terms and continue to rent month-to-month with oral agreement with the landlord. In November… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
We were having rental agreement till June 30th and since we
We were having rental agreement till June 30th and since we decided to move in own house we need to break the current lease We gave notice to owner on 27th Nov-17 and we agreed for come conditions … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I cosigned a rental agreement for son. The agreement I
I cosigned a rental agreement for son. The agreement I signed was supposed to be renue the second year. I did not sign it. They lived in that rental property for at least 6 years. Now they are trying … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
After the 12 month lot rental agreement, what is the
After the 12 month lot rental agreement, what is the procedure for being able to move from a mobile home park. I live in a home someone else owns, but I am the name on the lot rental agreement. When I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I am the sole renter on a rental agreement. My landlord has
I am the sole renter on a rental agreement. My landlord has given me permission (verbally) to have a room mate. my current room mate has become intolorable to deal with..claiming mutual space in home … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I am on a rental Agreement with my daughter. I have not been
I am on a rental Agreement with my daughter. I have not been living at the apartment, However, I pay the rent. She is bi-polar, and now on drugs. She is presently in a psychiatric unit. She was given … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I wanted to know who is responsible to enforce maintenance
i wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 satisfied customers
If I go to an online site to print a rental agreement to
If I go to an online site to print a rental agreement to rent a room in my home, do I need to register it with the city or county for it to be valid and enforceable?… read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I have a tenant that signed a rental agreement, sub leasted
I have a tenant that signed a rental agreement, sub leasted the other side of her apartment, and both paid me rent for the apartment. This happened several times and finally she fell behind aprox a ye… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a question about a rental agreement. I rent from my
Hello, I have a question about a rental agreement. I rent from my ex-brother in law and have for the past 17 years. I have never had a lease and now he wants me to sign one. The problem is with the le… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,756 satisfied customers
I have no rental agreement how fast can I be evicted,
I have no rental agreement how fast can I be evicted … read more
KLAW
KLAW
Juris Doctorate
2,037 satisfied customers
I have a rental agreement with a property management company
I have a rental agreement with a property management company who represents the owner. The owner has contacted me saying they severed ties with property manager and i must enter into a new agreement w… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x