Skip to main content

So im being sued for unpaid rent for a month i didn't live there, they say they have written proof but i didnt sign the notice

San Jose, CA |

they have saying i put my 30 day in at the end of may, i have PGE bills showing that 2 dollars of electricity was used in the month they are saying i lived there and 15 dollars used in the month before, i have proof that i bought a storage unit and if they kept the videos i would have proof of me moving my furniture into the unit. would i have a good defense if fight this in court

Attorney Answers 2


  1. Yes. Keep all the evidence you described above. I assume they are trying to sue you on a contract basis. That you owe them a month of rent because you were suppose to give 30 days notice and you didn't causing them to lose a months rent. If you could prove that they had other renters who would of moved in but they failed to get them in the residence their complaint for damages would be gravely wounded. Lessors are have a duty to mitigate their damages. Good luck sir, I recommend retaining an attorney or at least consulting with one.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  2. Your post is a little confusing. Did you give a 30-day notice? You owe rent for 30 days after you give the notice, regardless of whether you live there. If you stay longer, you are liable for the rental value.

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics