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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Default Ex-Landlord is Suing

    Northern California.

    So, we left this place we were renting over 1 1/2 years ago, almost exactly 1 1/2 years. We had some problems which I will discuss further down.

    We figured this was all said and done. We never heard from them again. Our phone numbers and emails are the same, and they never tried to contact us. (though most contact that wasn't face to face was via email prior to moving).

    Tonight, we are at a restaurant, with our 10 year old child. Near the end of dinner this larger blond girl approaches our table and ask if we are (name withheld) and (name withheld). We said yes, and she threw a summons on the table and said, and I quote with a filter "You've been served a**holes, you F'ed my parents". Talk about class. Embarressing for us, and in front of our child.

    So apparrently there is still a problem. The court date is 6 days from now, so I'm filing for an extension since I'm supposed to have 15.

    Here was the situation:

    We leased the place for $1600/month, with a $1600/deposit. A list of items was added to the lease including finishing the upstairs bathroom, fixing the back deck, putting a fence in, and several other items I can't remember. None of those things were finished, or done the whole time we were there. In addition, we had one working smoke alarm downstairs, even though I asked for the legal amount to be put in (we had a wood stove for heat). The smoke alarms were finally put in the week we left.

    We had some trouble with the electricity company with a past bill when we moved in, so they put it in their name until we could clear it up. Heres where one of the main problems started. Our first bill was about $800 bucks. Now, we average $250 on a larger house and about $120 - $150 on a smaller house. Since the other two houses they owned were on the property, we suspected it was all wired in together. They verified that the other house was on the bill, and lowered us to $600. Our average bill was about $500/month the 6 months we were there. We did eventually get the PG&E In our name, and the bills were still high. We went on serious energy rations, and had only 1 light, 1 computer and 1 tv on at any time, and the bill never changed. The landlord even commented on how dark our house was all time.

    We were late on the rent a few times due to this, but not super late, no notices or anything.

    Eventually, when none of the agreed upon items were being completed that were supposed to be completed within the first month, We finally told them we were going to withhold rent until the important items were done (including a chimney sweep since we got a dirty wood stove when we moved in and it had caught on fire a couple of times. remember, still no smoke alarms). They retaliated with a 3 day notice. It was a 3 day notice to pay rent, not pay or quit, nothing about just moving, or anything, just a notice saying we needed to pay rent (is this legal?).

    After a bunch of back and forth, the property manager said that she and the owner agreed to settle this with us by agreeing to leave within 30 days and forfeiting our deposit. Well, we left. 30 days later, we had most of our stuff out, but didn't have a truck for the few items remaining for about 3 more days. We never fully vacated, or turned in the keys, and we showed up to the doors and garage being padlocked with a big note saying why. We had to get a deputy to go to their house to let us in to get the rest.

    That was the last we heard of any of that until today.

    Any opinions, ideas, questions?

    Dave

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex-Landlord is Suing

    And they are suing you for... what? Back rent? Something else?

    Were any of your agreements in relation to the move-out in writing?

  3. #3
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Ex-Landlord is Suing

    The order says:

    "Defendent rented a home from plaintiff. Plantiff had to see eviction for non payment and negligence of the home."

    There was no eviction notices, other than the three day notice to pay rent (and nothing about quitting). There was an agreement, I have in writing that says we can leave within 30 days and forfeit our deposit. We took them up on that, and bailed on a bad situation.

    Dave

  4. #4
    panther10758 Guest

    Default Re: Ex-Landlord is Suing

    Does the notice relieve you of your obligation to pay passed due rent?

  5. #5
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Ex-Landlord is Suing

    Well, the words

    "With all of that said I will also make it clear that I will provide one last scenario for a final resolution. The owner and I discuused this sitaution and we both ageed that we would be happy to let you out of your lease with 30 days written notice and forfieture of your deposit"

    I tend to believe that we were free and clear.

    And yes, we did give that written notice.

    Dave

  6. #6
    panther10758 Guest

    Default Re: Ex-Landlord is Suing

    Does your deposit cover the entire amount of passed due rent owed?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Landlord is Suing

    I'm not going to play a guessing game. If you're only going to tell us bits and pieces of what happened, there's no way for us to answer.

    We don't know if you paid your rent for that last month. We do know that you stayed past your notice period, and thus you may be being sued for that overstay. You don't mention whether or not you damaged the apartment. If you did, you can be sued for that even if you had an agreement on the rent. You say that you didn't turn in your keys, so it seems reasonable to infer that the apartment had to be re-keyed and you can be sued for that cost.

  8. #8
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Ex-Landlord is Suing

    Ok, I think I've told you everything. We did leave the keys, yes we were past our agreed period by 3 or 4 days. Yes the deposit covers the last months rent. We were never asked for that last months rent, so I assumed (bad idea) that the deposit covered it.

    We did no damage other than general 6 month wear and tear. It was a house by the way.

    I wanted to know if its possible to countersue these people for the living conditions, the lack of smoke alarms, the backed up sewage in the front bathroom that sat for 3 days, the coming to my front door with 4 hours notice and getting mad when we wouldn't let them in, the breach of contract for not completing the items agreed to ON THE LEASE, etc....

    It was a very bad situation, and we had to get out of it.

    Dave

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Landlord is Suing

    When you say things like "We never fully vacated, or turned in the keys," it leaves the impression for some reason that you never turned in your keys.

    If you believe the defects in the apartment would support a counterclaim for a rent abatement, by all means file a counterclaim.

  10. #10
    panther10758 Guest

    Default Re: Ex-Landlord is Suing

    Not sure if this applies every where but I have seen and heard where deposits are ruled as for damages etc and not for use by tenant to not pay fianl months rent. Now this may vary by state but it has been done. Read your states statute on this to be sure

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