I am being scammed by my former landlord. I lived in an apartment under a year lease for its duration. The landowner didn’t have any month to month leases so we signed a 6 month lease under a verbal agreement that it would act as month to month in order to move into a different unit in the complex, he assured us that as long as we gave him one month notice before we move we would get our deposit back. We moved after 3 months, and not only did he keep the deposit, he is asking us for the rest of the money for the 3 months on the lease. He is a lawyer. Can I sue him?
Can you sue him yes, will you win no. You have a written agreement which presumably you read before you signed. Your way out is that it was procured by fraud which would be a reason to invalidate it. Hope you have witnesses because the fact you signed it is pretty strong evidence against you. Next time be more careful what you sign.
Hope this helps and good luck.
Melvin C. Belli
The Belli Law Firm
35 Miller Ave Suite 199
Mill Valley, CA 94941
You should sue to correct the lease for mistake as it does not state what was agreed to.You probably will be sued, You need to defend with a counter-suit alleging fraud to get around the parol evidence rule and the statute of frauds. Contact me directly.
OCEAN BEACH ASSOCIATES
OCEAN BEACH ASSOCIATES
2185 Sunset Cliffs Blvd.
San Diego, CA 92107