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  1. #1
    Join Date
    Apr 2018
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    2

    Default Ex-Boyfriend Wants a Rent Refund After Moving Out

    My question involves landlord-tenant law in the State of: California

    Hi there,

    My boyfriend and I had been dating about 6 months. He had been living with me "unofficially" since January, but kept his own small apartment nearby. We were very in love and decided to take the plunge and have him officially move in April 1. He started moving the remainder of his things in just before the 1st of the month. We had a rocky couple days at that time. He convinced himself that I had committed an emotional affair and possibly a physical one. I have never cheated and would never, I was trying to work these things out with him. Nonetheless, he was very upset with me and had a hard time accepting that I did not commit infidelity.

    On April 4th I came home and he had all his bags packed and told me he was leaving me and that he could not trust me. He demanded I give him prorated rent for the rest of the month. He insulted me a few more minutes and I asked him to stop terrorizing me and leave. He left and now has been emailing me that he will take me to small claims court for the $719 worth of prorated rent. I told him I would give him back $311, which I got by deducting some items for which I felt he was responsible. He wrote back to tell me that was not good enough and that he would still be taking me to court for the remaining $$.

    He was not on the lease. My landlords were aware he was moving in and we were waiting for paperwork to put him on the lease, but it never happened. He moved out too soon. Is there any likelihood that he could win in a court case against me?

    At this point I just don't want to give him the money out of principle because of how horrible he has been. He also was threatening to call the police at one point because I wasn't available to let him come back and retrieve his music gear on the day he wanted (I asked him to come the following day). He's literally been terrorizing me. Any advice is greatly appreciated.

  2. #2
    Join Date
    Jan 2016
    Posts
    473

    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    Give him his prorated rent back and he'll leave you alone. This is NOT something you want to drag out by being foolish and holding on to his money for the "principle" of it. In fact, to do so makes it look like you're trying to stay in his life.

  3. #3

    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    I agree. Just give him the money to get him out of your life. It's not worth your peace of mind.

  4. #4
    Join Date
    Apr 2018
    Posts
    2

    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    I really don't mean to incite any negativity here, but are either of you who replied lawyers? I am asking about the legal grounds for his potential case, not your personal opinions. Can someone with a legal background please help me understand if there is any way of him winning against me in a small claims court case?


    Thank you

  5. #5
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    "Any advice is greatly appreciated." Guess not!

    Please contact a local attorney for "legal" advice that will satisfy your requirements. While there are excellent attorneys who participate here, they may not respond for some time. If ever.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    Quote Quoting sec0135
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    On April 4th I came home and he had all his bags packed and told me he was leaving me and that he could not trust me. He demanded I give him prorated rent for the rest of the month.
    At this point you have told us nothing about the rent arrangement or agreement, let alone if anything is in writing. We are to infer, I suppose, that you and he entered into some form of rent-splitting agreement starting on April 1 and he paid you his share of the rent, but given that he moved out a few days later believes it is fair for you to refund the balance.

    This was a romantic relationship, so the question is fair: Are you trying to keep the money because you believe yourself to be a landlord who is legally entitled to the money, because you are hard-up and can't afford to give it back, or because you're angry at your boyfriend and want to spite him?

    Frankly, if it makes no significant difference to you, when romantic relationships end the best approach is to try to end things in an amicable, adult fashion. While there is no guarantee that giving him a refund will fix anything, your relationship with him certainly won't get better if you are simply trying to spite him, or refusing a refund out of anger.
    Quote Quoting sec0135
    I told him I would give him back $311, which I got by deducting some items for which I felt he was responsible.
    So you agreed to repay him the balance of the rent, but are trying to charge him for some items that he allegedly took or damaged? If he sues you, you can countersue for those items and let the judge sort things out.
    Quote Quoting sec0135
    Is there any likelihood that he could win in a court case against me?
    In small claims court, there's a chance of anything. I've seen small claims courts get cases 100% wrong on the law. Some small claims courts are also inclined to "split the difference" rather than issuing a ruling one way or the other.

    If you admitted to him in a text message that he is entitled to a refund, that could be enough for the court to give him the refund -- and then to address your claim for whatever compensation you believed yourself entitled to withhold based upon your presumed counterclaim. A court might also find that he was your tenant, that he had to give 30 days notice, and that the text message is meaningless.

  7. #7

    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    My post was deleted for the 2nd time but the above information is one person's opinion as my post was similarly one person's opinion, yet I have an extensive legal background in California. Who is running this forum and why are you discriminating against accurate opinions?

  8. #8

    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    Quote Quoting caligrl238923
    View Post
    My post was deleted for the 2nd time but the above information is one person's opinion as my post was similarly one person's opinion, yet I have an extensive legal background in California. Who is running this forum and why are you discriminating against accurate opinions?
    Respectfully, if you have an extensive legal background, then why are you here yourself in another thread seeking help about "landlord tenant law"?

  9. #9
    Join Date
    Sep 2005
    Location
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    Default Re: Ex-Boyfriend Wants a Rent Refund After Moving Out

    Quote Quoting caligrl238923
    View Post
    My post was deleted for the 2nd time but the above information is one person's opinion as my post was similarly one person's opinion, yet I have an extensive legal background in California. Who is running this forum and why are you discriminating against accurate opinions?
    You are posting nonsense. That may be welcome in some forums, but it is not welcome here.

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