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  1. #1
    Join Date
    Jun 2011
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    Default Landlord Lost Unlawful Detainer, Forced Lockout During Cleanup

    My question involves an eviction in the state of: CA

    Went to court for a UD, landlord lost and the stipulation states lockout cannot occur before the first, the lease is terminated and the landlord forfeits monies requested. On the first as tenants were cleaning up the LL representative walks in and states they were there to do the lockout the tenants had 5 minutes to leave.

    The tenants complied and want to know what liabilities they have when they were forced to leave before cleanup was finished an repairs were done. The judge did state the LL had to deduct fairly from security deposit paid and itemize list and refund within 21 days. Can the tenants arrange cleaning/repair and have LL deduct from security deposit since LL forced out?

    Is walk through still valid when lease is terminated?

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Landlord Lost Unlawful Detainer, Forced Lockout During Cleanup

    What am I missing here. The parties entered into a stipulated judgment holding that the landlord could lock the tenants out on the first of the following month. The landlord showed up on the first and the tenants still hadn't vacated, so they were given five minutes to finish moving their stuff out and the landlord, in compliance with the stipulated order, locked the unit. Why would the landlord be liable for anything?

  3. #3
    Join Date
    Jul 2010
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    8,006

    Default Re: Landlord Lost Unlawful Detainer, Forced Lockout During Cleanup

    I believe OP was asking what liability the tenants have for any messes/damage they didn't bother to clean up prior to the 1st, despite knowing that the LL would boot them on the 1st. It was a bit confusing but that's what I got out of it.

    To the OP, the tenants had notice that the LL could kick them out on the 1st. They should have made arrangements to have all cleaning/repairs done prior to that date. It sounds like they left the place quite a mess and will likely be on the hook for their entire security deposit plus some.

  4. #4
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Landlord Lost Unlawful Detainer, Forced Lockout During Cleanup

    Quote Quoting free9man
    View Post
    I believe OP was asking what liability the tenants have for any messes/damage they didn't bother to clean up prior to the 1st, despite knowing that the LL would boot them on the 1st. It was a bit confusing but that's what I got out of it.

    To the OP, the tenants had notice that the LL could kick them out on the 1st. They should have made arrangements to have all cleaning/repairs done prior to that date. It sounds like they left the place quite a mess and will likely be on the hook for their entire security deposit plus some.
    This is what I'm thinking. The OP can't say the landlord lost, and then say in the very next breath, they signed a stip and the court is allowing a lockout (that means the landlord DIDN'T lose)...

    However, the 1st is the 1st and any cleanup and repairs should have done by the 31st.

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