Whatcan Ido if I’m being evicted and my landlord owes me money?
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Whatcan Ido if I’m being evicted and my landlord owes me money?
My landlord hired me to work on other units. I have done this for over 2 years. Last month he owed me more than I owed in rent. He knows that I need what he owes me. I worked the whole month for him. I owe him $2,100; he owes me $3,900. In the past we swapped checks for the difference. What do I do if he is evicting me?
Asked on July 31, 2011 California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Did you have this agreement in writing or was it only an oral contract? You are going to have to sue him in small claims court for the money that he owes you. Unless, may I ask, is he evicting you for non-payment of rent and requesting a judgement for rent owed? Then you need to raise the deal between you in the answer as an affirmative defense and counterclaim for the remaining funds owed to you. The court really does not have what is known as subject matter jurisdiction over an employment issue but if he is trying to get around the matter using landlord tenant court you have a right to raise the contract in this forum. And if you can prove the contract then you can sue him in small claims court and win hands down under a theory known as collateral estoppel, meaning that you won already on the same issue in another court and you need this court to issue a judgement . Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Did you have this agreement in writing or was it only an oral contract? You are going to have to sue him in small claims court for the money that he owes you. Unless, may I ask, is he evicting you for non-payment of rent and requesting a judgement for rent owed? Then you need to raise the deal between you in the answer as an affirmative defense and counterclaim for the remaining funds owed to you. The court really does not have what is known as subject matter jurisdiction over an employment issue but if he is trying to get around the matter using landlord tenant court you have a right to raise the contract in this forum. And if you can prove the contract then you can sue him in small claims court and win hands down under a theory known as collateral estoppel, meaning that you won already on the same issue in another court and you need this court to issue a judgement . Good luck.
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