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California Landlord Problems

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  • 09-03-2010, 03:54 PM
    dbell5
    California Landlord Problems
    My question involves landlord-tenant law in the State of: California

    Our daughter, her fiancé, and a roommate rented a house in San Jose July 2, 2010.
    At the time they completed the 1-year lease agreement:
    They checked the "Pet Addendum" box on the application
    Rent amount was set, with payment due on the 7th of each month
    First and Last month's rent was collected.
    A Security Deposit was assessed, to be paid over several months time

    First problem: In the middle of July, the landlady put a marked-up copy of the rental agreement in the mailbox, changing due date to the 2nd of each month, with only her initials, no agreement or signatures of the renters.

    August rent was paid on the new date, despite the unilateral change.

    Second week of August, the landlady requested permission to come and do some back yard work. Permission was granted, and the renters' two dogs were put in their kennels inside the house. Landlady heard them barking, and freaked. Told the kids they had lied to her, demanded a huge additional security deposit or to get rid of the dogs. They refused to abandon their pets, and were told, "Then this is your 30-day notice! Get out by the end of the month."

    Third problem: One weekend, our daughter and her fiancé were out of town, and the roommate was working. Fiancé's mother came by to feed the dogs and discovered both landlords in the house, looking through the bedrooms, etc. When confronted, they claimed they had come to pick up a door from the back yard (had not requested permission first), and found the back door unlocked (it wasn't.) They also took the key the mother used to enter, claiming it was a security risk.

    Fortunately, they did find another, more hospitable rental house, and completed the move this week. Not until after vacating the house were they asked to participate in a walk-through.

    At the walk-through, the landlords claimed the house was "filthy" (I know how well it was cleaned!), and stated that they would withhold cleaning costs from the last month's rent. Note that the entire Security Deposit had not been paid, since they were forced to move out before the time alloted for payment.

    What legal rights do the kids have here?
    Can/should they sue for return of the last month's rent? I understand that it cannot be used for any other purpose, and since they had already paid for August and moved out by August 31st, they should be entitled to it in full.
    Can/should they sue for breach of contract, since they gave good faith notice that they had pets, but the landlords didn't question that or require a larger deposit at the time, and terminated the lease early.
    If a small-claims suit is a possibility, should they present their case to the landlords first? They might also bring up the issue that the garage had been modified into a room, with sub-standard construction and clearly non-code wiring...

    Thanks for any suggestions!

    Dave
  • 09-05-2010, 12:01 PM
    Mr. Knowitall
    Re: California Landlord Problems
    California permits the use of a security deposit for cleaning a rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in. Did your friends take pictures?
    Quote:

    Quoting dbell5
    View Post
    Can/should they sue for return of the last month's rent? I understand that it cannot be used for any other purpose, and since they had already paid for August and moved out by August 31st, they should be entitled to it in full.

    They owe rent through the end of their tenancy - not their occupancy, but their tenancy. If they are entitled to part of the last months' rent based upon whatever dates are involved then it should be returned.
    Quote:

    Quoting dbell5
    Can/should they sue for breach of contract, since they gave good faith notice that they had pets, but the landlords didn't question that or require a larger deposit at the time, and terminated the lease early.

    If they're month-to-month tenants and their tenancy was terminated on proper notice, that's not a breach of the contract.
    Quote:

    Quoting dbell5
    View Post
    If a small-claims suit is a possibility, should they present their case to the landlords first? They might also bring up the issue that the garage had been modified into a room, with sub-standard construction and clearly non-code wiring...

    If they want to try to negotiate with the landlord, they can certainly do so. I doubt that the landlord will be very interested in innuendo about the garage. If they believe that it is unsafe, they can report it to the local unit of government responsible for inspecting rental housing.
  • 09-05-2010, 03:34 PM
    dbell5
    Re: California Landlord Problems
    They didn't take pictures, but did have a professional cleaner in when they moved out, and can show a receipt. At the walk-through (by the way WT was *after* move-out not within the two weeks prior to moving as required), the landLORD told the kids the place looked "great". His wife came in and said it was "filthy". Husband muttered something to the effect, "She's being difficult..." and left.

    They paid first & last at signing, which covered July plus an unnamed final month. Then paid for August before being ejected, and left before the end of August. Landlord claims they will withhold last month's rent (completely unused) for cleaning.

    The rental was a lease, not month-to-month. The original application included checking the box for "Pet Addendum", but LL claims it wasn't, and that they never told her.

    They were also given "30-day notice" (verbally) on the 5th of August, then in writing, postmarked 8/9, but dated 8/5 (fraud?), and told to be out by the end of the month (August), well under 30 days.

    If these do constitute breach of contract, what recourse do they have? Is it worth it?

    Thanks!
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