subleasee lied to, cheated

[poguemahone28]

What is the name of your state? california

last year I entered into an oral contract sublease agreement to share an apartment for $650 a month, based on a total unit rent of $1300. both figures were expressly discussed at the time of the original sublease agreement. recently it's come to my attention that the actual rent for the unit is in fact $1250. I was lied to and overcharged. do I have a case for small claims court or possibly criminal charges?

 

[HomeGuru]

What is the name of your state? california

last year I entered into an oral contract sublease agreement to share an apartment for $650 a month, based on a total unit rent of $1300. both figures were expressly discussed at the time of the original sublease agreement. recently it's come to my attention that the actual rent for the unit is in fact $1250. I was lied to and overcharged. do I have a case for small claims court or possibly criminal charges?

**A: none.

 

[poguemahone28]

That's a very short answer. Can someone flesh out why I don't have a case? The figure of $650 was expressly discussed and explicitly stated by the leaseholder as 50% of the total rent -- which was a blatant lie on his part. It may have been careless not to have secured proof that that figure was correct. But, I always figured I'd have recourse should a situation like this one arise. So , why don't I?

 

[HomeGuru]

That's a very short answer. Can someone flesh out why I don't have a case? The figure of $650 was expressly discussed and explicitly stated by the leaseholder as 50% of the total rent -- which was a blatant lie on his part. It may have been careless not to have secured proof that that figure was correct. But, I always figured I'd have recourse should a situation like this one arise. So , why don't I?

**A: here is a pound of flesh- where is your written lease or agreement that proves your rent is 50% of the total?
You don't have any evidence to support your claim so when you asked if you have a small claims case my response was none.

 

[Charleee]

Home Guru - On the flip side, with no written contract, couldn't the OP simply move out without obligation to give notice?

 

[HomeGuru]

Home Guru - On the flip side, with no written contract, couldn't the OP simply move out without obligation to give notice?

**A: no because the tenant is a m/m tenant and thus must give proper advance written notice of vacating pursuant to the L/T law. You folks need to read the CA Civil Codes for some enlightenment.

 

[poguemahone28]

There's no written agreement of any kind. I do have documented proof that I've been paying more than 50% -- there was a 3-day pay-up or move-out notice taped to the door (this matter has been settled) a few weeks back. The paperwork for that, which I have in duplicate, clearly states the actual unit price of the rent, $1250. I have cashed-out checks of my own for $650 that prove that I've been paying more than 50%. Now, there's no written agreement one way or the other. So, I'm hearing you say that a judge would believe that I voluntarily entered into an agreement to pay more than 50%, which no one in their right mind would ever do. At what point does simple common sense take over?

 

[HomeGuru]

There's no written agreement of any kind. I do have documented proof that I've been paying more than 50% -- there was a 3-day pay-up or move-out notice taped to the door (this matter has been settled) a few weeks back. The paperwork for that, which I have in duplicate, clearly states the actual unit price of the rent, $1250. I have cashed-out checks of my own for $650 that prove that I've been paying more than 50%.

**A: so what. Not relevant.
******



Now, there's no written agreement one way or the other.

**A: that's my point. No written agreement makes your case difficult.
********

So, I'm hearing you say that a judge would believe that I voluntarily entered into an agreement to pay more than 50%, which no one in their right mind would ever do. At what point does simple common sense take over?

**A: I don't know at what point, but I do now that you should have used common sense and got the "50%" agreement in writing before you moved in.

 

[poguemahone28]

Dear Home Guru,

I see your point. Thanks, sincerely, for taking the time.

 

[CAGuy25]

So let's get this straight, there is an oral agreement for pog to pay 50%, but since it's oral, he can't prove it. But there is an oral agreement for pog to rent the room, but because it's an agreement he has to follow it because it's a L/T relationship. So on the one hand he can't use it to prove his case, but on the other hand his L can use it to file suit. Yeah....that makes sense.

 

[JETX]

As expected, CAGag has mis-stated the post. He said, "there is an oral agreement for pog to pay 50%".
*** Sorry, but that is not true. The fact is that the writer was told that the rent was $650 per month and that amount was 50% of the total rent (of $1300 per month).
The fact that the writer knew of the $650 rent and agreed to pay it is the only relevant issue here. And the sub-lessor telling him that it was 50% has no real relevance to the amount.

Simply, the writer clearly accepted the $650 rent payment..... and paid it. For all intents and purposes, that could have been 10% of the overall rent, or 75% of the overall rent. The total rent paid on the property is not a relevant issue.

 

[HomeGuru]

Dear Home Guru,

I see your point. Thanks, sincerely, for taking the time.

**A: you are very welcome and good luck.