Can a renter rent out a spare bedroom without building manager permission

[Wonder619]

California, City of Los Angeles.

I was refereed to a friend of a friend with an extra bedroom, that agreed to have me stay almost free out cost. Since I would only be using the room three nights a week at most.

She lives in an apartment and is not the landlord of the building and she doesn't own the apartment. She is a renter. I never signed any lease with the building's landlord. I did sign a contract that she wrote up. I don't have a copy of that contract but I remember it being about the rent for the room will be $700. It was just a formality she told me. She understood my financial situation and verbally agreed to take $500 a month or whatever I can afford.

I then took a job overseas. I even sent her postcards from where I was. When i returned to the states, I find out she is suing me for $5000. Past due rent, abandonment of property, storage, change the locks, spare keys and her lawyer fees.

The papers served state the dates from Feb. 2009 to December 2009. I used her spare room from March to June. I told her, verbally not in writing, that I would be leaving. She said it's okay.

I thought that because a she was a friend of a good trusted friend, we had an agreement. She would let me use her room and I would pay whatever I can afford.

When I wasn't living there, the room which I stayed in would be used by her boyfriend, to watch TV and such. The storage fee I am assuming if for some clothes I left behind. I never paid $700 dollars in rent. Paid $500-600 in cash, never got a receipt. I know on paper, I really don't stand a chance.

But my question, is that because she herself is a renter, would the fact that I never signed a lease with the actual property manager, does that void the contract she wrote up as a formality? Can I request a copy of the contract I did sign at this point in the game? Can I also request a copy of her lease agreement to check if she was even allowed to sublet a room?

I get the sense that at this point, I should get a lawyer, which I plan on doing for my court date, but I don't know what to say to my lawyer. I don't have any papers or receipts and since I paid cash I don't have bank statements of copies of checks.

Any advice would be greatly appreciated.

 

[mightymoose]

If anything, you may have to pay storage fees if you left property in the apartment and you were not paying any rent. That would only be so if your property was moved to a storage facility though. If she is charging you for keeping things in her closet in the apartment then forget that.
Most likely she is not allowed to sublease the apartment, and most likely the paper she had you sign does not contain the necessary elements to bind you to anything.
As for her lawyer fees? I doubt she even had any. Her best solution was to get rid of your abandoned property and be done with you... I can't imagine a lawyer would have led her to believe she has a shot at collecting anything from you.
It's all very sloppy. You don't have much to worry about.
Make sure you file a response to the papers you received and show up to court. If you fail to show and defend yourself then that is the only way she can really get the judgment against you since she won't have to argue her case.

 

[Wonder619]

Thanks Moose.

As the court date gets closer, I am wondering that since she is here on a work visa, does her collecting rent violate her visa status. I know when I lived aboard, I had the only money I could make was from my approved job. But that was Canada.

I get a sense that since this lawsuit is going, I can't really call her up and ask how much she pays for rent and if I can get the measurements of the room I was staying in since I doubt the square footage of my space is propionate to what she is charging me.

The storage fee I am not sure off. How much does a storage place charge for a luggage filled with clothes because that is all that was left.

I'm a little nervous because I've been watching all the Judge shows and they always seem to side with those that have paperwork, signed contracts and what have you. By my own fault, I have nothing, but my side of the story.

Thanks for any and all advice once again.

 

[Wonder619]

I just wanted to update this if anyone else out there runs into a similar problem. Talked to a lawyer. Explained how the plaintiff has the burden of proof and that we mostly have nothing to worry about. Also explained that one the day, you show up at 8:30am and wait so hiring a lawyer would probably get expensive and is sort of overkill.

Before the judge enters the room, the clerk tells us all the small claims cases to go outside and see if we can work it out. In my case, the plaintiff was shaking me down.

Then after being sworn in, we are asked to return outside to view any evidence the plaintiff has and vice versa. It was ridiculous. The written agreement of month to month lease that she had wasn't even signed. The version I did sign, apparently she misspelled my name and fixed it by printing out a new one and throwing the only paper with my signature. I thought it was in the bag. Not to mention her claim that storage for my clothes for a month cost $750 dollars. Wasn't she charging only $700 for rent?

We get back in and wait... and wait... and wait... Some people sue for the craziest things. Lunch came and the judge said he would hear our case after it.

I enjoyed my lunch thinking I'm going to win. Even practiced what to say when the judge asks who should I rule and why. I would have said that to be a fair guy, mainly because she is a friend of a friend, I would play the changed the lock fee since I did not turn the key and reasonable amount of the storage fee if she could prove that was the best deal.

I don't know what happened to the judge during lunch. He was chipper and explained a lot to the plaintiffs and defendants in the morning. Our case flew by. He kind of shouted at the plaintiff for not giving straight answers. He heard both sides of the case, but this is where I worry. When the plaintiff was handing over her evidence to the judge, he asked before I see this, he wants to hear what I got to say. I told him. That I was referred to as by a friend. That I was told that I can pay whatever I could afford. That I only used the room 3 days a night. That others used it while I was there as a tv room and most likely when I was away. That I mailed her post cards. Everything matched what she claimed except that when I was paying 400-500 a month it was implied I would pay her back what I owed.

In a case prior to mine, there was a cross examination which after witnessing I began to prep in my mind. But as I messed up.

See, I then stated when explaining to the judge that if I was such a bad tenant who she even claims never paid full rent on time and left, why wait four extra months to file a suit. He told me in California, the landlord has 60 days. I messed up bigger by stating she wasn't my landlord. I stayed a couple of nights at her guest bedroom/tv room like I've let friends do that before.

She interrupts saying that while pleasant at first we we're roommates.
Before I can reply back with let's see your written contract stating anything.

The judge has heard enough. Says he's heard both sides and will mail the decision.

And it's over.

What scares me is because things got sidetracked, he never received her evidence. Receipts. The contract without my signature, etc. He wrote down all the prices she read off. How much rent I paid each month. How much her lawyer fee costs. How much storage cost. He wrote it all down. But wouldn't he have needed to check the actual receipts himself?

I'm worried because looking back my side of the story and hers didn't differ except the main argument. She said she knew I was away. She said she got my postcards. But I never got to state that she has no written proof. She might have a verbal one. My version says it was okay to pay what I can. Her side is to pay what I can and owe the rest.

I got nervous during the process. I called my lawyer and says if the decision doesn't come back in my favor we can file an appeal and we'll work out a rate so he can be there, but I would need to provide new evidence to the case or the judge would throw out the appeal.

So now I wait and think of what evidence I can possibly bring. I can't really ask for her to bring that contract can I?

If anyone ever finds themselves in a situation like this, learn from, my mistakes. Don't kiss the judge's ass necessary but never, ever interrupt him after lunch.

 

[mightymoose]

If the ruling goes against you then you can appeal and try again to get all the info on the table.