Legal Question in Landlord & Tenant Law in California

I have a contract that between tenant and landloard. I RENT OUT ROOMS . I HAD A TENANT THAT TURNED IN THE KEYS. UPON INSPECTING HIS ROOM THE CARPET WAS VERY DIRTY FROM HIS DOG, AND AREAS THROUGH OUT HOUSE THAT HE ALLOWED HIS DOD TO GO. A HOLE WAS ALSO DUG IN THE CARPET. THE CONTRACT STATED 30 DAY NOTICE TO TERMINATE AGREEMENT. THIS DEPOSIT IS TO BE USEDTO REPAIR OR REPLACE PROPERT. HE DID NOT GIVE ME A THIRTY DAY NOTICE AND DID NOT CLEAN CARPETS. I HAD A COMPANY COME IN THAT COAST ME $240.00 tenant gave me $200.00 deposit.

HE HAS HARESSED ME ON CRAIGS LIST WHEN I POASTED ROOM, CALLING ME A EXCESSIVE DRUG USER.[ I HAVE MULTIPLE SCLEROSIS] AND PUTS A PICTURE OF A FAT PERSOM IN WITH A COMENT the larger the occupant, the smaller the house quickly becomes.

NOW HE HAS E MAILED MY DAUGHTER FOR HER TO GET ME TO REFUND HIM $190.00 AR HE IS GOING TO TAKE ME TO SUPERIOR COURT OF SAN JOAJUIN COUNTY.

CAN HE HARASS ME AND MY DAUGHTER, AND TENANT LIKE THIS AND GET AWAY WITH IT? I HAVE COPY OF EVERY THING.


Asked on 12/02/09, 1:56 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

No he can't do that, it is called defamation. You need to send him an itemization of the repairs that you deducted from his security deposit. If he sues you and it would have to be in the county where either you reside or he rented the room, I would consider suing him for defamation and intentional infliction of emotional distress. You should tell him that next time he calls. Hopefully you have either witnesses or pictures of the damages.

You should also report him to Craigs list and ask his rude and offensive posts to be removed and for him to be banned due to his conduct.

Hope this helps and good luck

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Answered on 12/07/09, 5:32 pm


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