QUESTION
How can I counter sue my landlord?
Asked on Sep 01st, 2016 on Landlord and Tenant Law - California
More details to this question:
I have been renting from my landlady and her husband for about 4 years now. About 3 years ago, they were going to lose the house that I currently live in and rent from them in foreclosure. Her husband and I were friends and I was doing well so I gave them about $75,000 to save their home and to save me from having to move. Her husband has passed away and now she is trying to evict me and act like we never had any agreement about the money. I was supposed to have either first dibs on house to purchase or at least rent credit. However, she is now trying to sell the house and is suing me for unlawful detainer. How do I approach this and I have receipts and signatures etc. from her and her husband?
2 ANSWERS
This is a complicated issue and you cannot lump in your loan with the Unlawful Detainer. If you have evidence of the loan, you can sue her in Superior Court for the money. Contact an attorney immediately.
Answered on Sep 26th, 2016 at 6:51 PM
Litigation Attorney serving Bakersfield, CA
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You should file a complaint seeking specific performance of your verbal purchase option agreement, and in the alternative, seeking to impose a constructive trust on the property you invested in as a tenant. When you file that lawsuit, you will also need to file a motion to consolidate your new action with the pending eviction action.
Answered on Sep 26th, 2016 at 6:51 PM