Whatcan Ido if I’m being evicted and my landlord owes me money?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption