landlord small-claims-court
Defensively Suing Landlord in Small Claims
<p>I have already moved out of the apartment in question, my landlord is not able to evict/harass me. I moved out early because the apartment became uninhabitable (flooding) prior to my already-scheduled move out date. The corporate landlord is playing hardball and is still trying to collect rent.</p>
<p>Can I sue to protect against them maligning me (for example, to credit agencies)? Is this possible in CA Small Claims court? <a href="http://www.lacourt.org/division/smallclaims/SC0011.aspx" rel="nofollow noreferrer">http://www.lacourt.org/division/smallclaims/SC0011.aspx</a> only lists examples of plaintiffs seeking monetary judgments.</p>

<p>Usually this is done in the context of a suit for money damages for the return of a security deposit, or in the context of a defamation action when the landlord has made a negative credit report. But if there is no security deposit to return and no inaccurate credit report that has been made, these options aren't available.</p>
<p>You might be able to obtain a declaratory judgment that no rent is owed from a court. but this kind of case would probably be beyond the jurisdiction of the small claims court. A higher trial court would have to address that issue and the litigation in that higher court would be more complicated and expensive, as it would usually be unwise to represent yourself in that kind of lawsuit.</p>

<h2>Did you and the landlord <em>agree</em> that the apartment was uninhabitable and that you would be released from your lease?</h2>
<p>If so, then you have very little to worry about.</p>
<p>If not, why did you think you could stop paying rent just because you moved out?</p>
<p>First, &quot;uninhabitable&quot; means more than being unpleasant or inconvenient: it means the property is unsafe or impossible to occupy. While major flooding can cause a property to be uninhabitable until repaired, minor flooding doesn't.</p>
<p>Even if the property is uninhabitable until repaired, you don't have an automatic right to terminate the contract. Just because the landlord might have broken their obligation to provide you with an inhabitable property for a time, that doesn't mean you can avoid your obligation to pay rent. If the landlord' breach has damaged you (e.g. moving costs, temporary alternative accommodation) they must reimburse you for that but <em>you have to keep paying rent.</em></p>
