Debbie posted in the TenantNet Conference Area
Dated : May 18, 1998 at 19:54:24
Subject: Will She Win?
"Sonny's" roommate left. Sonny needed a new roommate to share the
apartment he was living in. He found her, "Cher." They lived together
about a year on a month-to-month written agreement with landlord. One
fine, sunny day, on May 15, 1996, Sonny told Cher he would be moving out
in 2 months. On May 22, 1996, Cher found out from manager that Sonny
would be moving out on May 31, 1996. Cher confronted Sonny about the
sudden leave and Sonny, in a "whocares" attitude, confirmed that it was
true. Despite Cher being upset about the sudden move, Sonny moved out on
May 31, 1996 leaving Cher with 2 month's rent.
Sonny harrassed Cher until she signed a written promissory note saying
she'd pay him back for the $450 deposit on the apartment they shared
together. Cher wrote him a check for $100 and then $25 towards the $450
deposit that Sonny signed over to Cher when in moved into an identical
apartment within the same apartment complex.
A year later, Cher moved into another apartment in another city. After
several unsuccessful attempts to contact Cher by phone, Sonny sued Cher
for the $350 in Small Claims court and won.
Cher never attempted to contact Sonny about the $350 she "owed" him,
because she figured that that $350 was hers since he gave her 2 months
notice and moved out 16 days later.
Here's my question:
It seems as though Sonny gave Cher a 2 month oral agreement that he'd be
moving out in two months. Instead, he moved out in 16 days, leaving her
with two months' rent ($300 x 2 months = $600). Today, almost two years
later, wouldn't Cher have a good chance of winning in either small
claims court and/or on appeal if she sued Sonny for $300 x 2 or $600?
This took place in California.
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