Legal Question in Landlord & Tenant Law in California
damages in the house by tenant
The tenant renting my house is
about to leave, and I just found out
about a big dark spot in the middle of
the living room wooden floor. They
said it was caused by humidity, a
handyman verified and under the
house is dry. Turning a carpet on the
opposite side they had put on the
floor he found a spot with the same
shape, probably one of their animal
pee. they had not told me about this
damage even though i found out
from the gardener they had asked
him to fix it months ago (he said the
floor needed refinishing)
The partner of the tenant whose
name is not in the contract yelled at
me, insulted me followed me
screaming in the street and saying :
if you do not return every penny of
the deposit i will take you to small
court.
It is sure that this and other
damages will have to be payed with
the deposit. What shall i do to protect
myself from these people ?
How long does it take to have a
hearing in small court?
Also I will be out of the country from
July through September. If the court
call me at that time what happens?
1 Answer from Attorneys
Re: damages in the house by tenant
Take photographs of the damage while the tenants are still there, if possible. Otherwise, after they're gone. Get declarations under penalty of perjury from those who have seen it and have discussed it with the tenants.
Hopefully, you can have it buffed out.
If you're out of the country and there is no adult at home at the time they attempt to serve you with a small claims lawsuit, then the case can't be held on the date specified.
Also, make sure you comply with the law regarding giving timely notice about the disposition of the security deposit. That's usually a big mistake that private landlords make and it could be costly not to do so.
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