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  1. #1
    Join Date
    Dec 2011
    Posts
    5

    Default Landlord Suing Me for Damages

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

    What is the name of your state (only U.S. law)? California

    Hello everyone,

    I've researched landlord-tenant issues very extensively. I've resorted to posting on the forum because I'm not exactly sure what my next step is anymore. The story is going to be a quite long... I'll bold my questions.

    Just some minor details: The house was not in very good condition when we moved in. We had to kill about 3 to 4 roaches everyday downstairs. The carpets were DIRTY. I remember this because my mom was complaining about how the carpets made her feet black. The walls were already dirty. The garage did not really work -_- Just minor issues everywhere.

    1) I notified our landlord/representation of the landlord (rep for short) that we were moving out at least a month ahead of time. I did a pre-move inspection with the landlord/rep, but she only said there was a broken door that needed to be repaired. It was oral. Nothing was written. I moved out on time.

    2) I did not get a detailed itemized list even though I did request one a few days before I moved out.

    3) I contacted her 21 days later. She was only going to give us about half of what we deserved. I pretty much wrote a demand email for full payment because she basically broke the contract by not returning the money within 21 days. She basically gave a very general list of damages with no receipts, then said that she was going to send out the deposit check out. She also told me to stop wasting her time.

    4) I contacted sent a demand letter to her house recently. I said that if she didn't pay back the remainder of the deposit, I'd sue her. She said that she was in China, which was why she wasn't able to give us the deposit. Is this a legit excuse? I feel that as a landlord, she should be responsible for leaving us a deposit. We've also talked to different representatives, so there are definitely ways to contact us. Well, she returned the security deposit, so that's really not an issue anymore, I guess.

    5) She did a pre-move out inspection with me and only said that there was a door that needed to be repaired. This was done orally and not written. She never did give me an itemized list or receipts. However, now she is suing for damages. If she never mentioned it after the inspection, can she really use that against me in court?

    6) Please read the following:
    "The other landlord on this property has told me that her attorney has asked to take you to the court for the unreturned keys, and uncharged damages to the house after you cash the check. She will be suing you for damaging our house without paying for the repairs."

    This was in the letter than she sent to me. There were some unreturned keys. However, we are unaware of the "uncharged damages to the house". She is suing me for "damaging her house without paying for the repairs". However, I don't know what her damages required her repairs. We did not intentionally not pay for it, but she never notified us of it.

    Itemized list:
    Cleaning: $200
    Carpet Cleaning: $180
    Broken Door: $120
    Wall repaint: $250 (originally $500 before I said that I'd sue her)
    Missing furniture: $275 ($200 for the table and 1 broken chairs of $75 each.) I did not know that this was provided. My room mates and I thought that this was left behind from the previous tenants.

    That was all that we were aware of as far as the deduction of security deposit and damages go.

    Does she really have a case against me?

    When I was planning to sue her, I was confident that I had a case against her. However, I'm a little shocked that she decided to return the money then sue me.

    When we returned the house, the floors were a little dirty and the carpet was not clean. HOWEVER, we were just returning the house in the condition that it was in BEFORE we moved in.

    I'd appreciate any advice that you can give.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Suing Me for Damages

    International travel is not a valid basis for noncompliance with the law.

    As is explained in many other threads, if there was no reason she could not have detected newly claimed damages during the initial inspection before you moved out, she cannot subsequently add that to her list of damages. (If the damage occurred after the inspection or was concealed, that can change.)

    If you fail to return the keys, there may be a key charge outlined in the lease or you may end up responsible for the cost of rekeying the locks.

    If you took her furniture, she can make a claim for the furniture you took.

    Read this.

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