Legal Question in Landlord & Tenant Law in California
Breach of contract
Our LL requested they break our lease - 6 months early. We agreed to do so with the refund of one months rent. The LL did an inspection 2 weeks prior to our moving and did not note any concerns either in writing or verbally in fact they refunded 2/3 of our deposit. LL also did an inspection at the time the house was vacated while we were completing our move. They had workers in the house doing painting etc (by their choice) and then moved in. 4 days later I called to inquire as to when I could expect the return of the rent and the balance of the securty deposit. Now they are claiming the wood floors have deep scratches and refuse to refund anything ( they want us o pay an additional $270) to pay for $3070 for new floors. $280 to repair a fifty cent size chip in the dry wall plaster which chipped when we were hanging bedroom curtains, $120 to replace screen door screening that was torn when we moved in. We lived there 6 months. Can they get away with this? I have advised them they are in breach of contract for not paying the agreed upon amount for breaking the lease. Even if we took them to court and received a judgement I don't think they would pay. Should I just let this go?
1 Answer from Attorneys
Re: Breach of contract
They ARE in breach of contract, and there are ways to collect if you win in court.
Do not just let it ago!
There are other possible damages for breach of contract, if it did, in fact, cost you money to move out, you are entitled to damages.
Your statements of facts above are not important for me to believe, or other readers. but to prove to a small claims judge.
My best suggestion at this point is retain a lawyer for the purpose of stating your demands to the LL and, whether or not you get satisfaction, there will be no doubt about a lawsuit pending.
I do not have room, nor enough free time to give you more advice, except to tell you you can recover substantially more damages, than your mere losses.
If they own property, there are ways to encourage collection (such as levying on real property).
If you need more help, please don't hesitate to e-mail, or call, my office.
Good luck!
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