Legal Question in Landlord & Tenant Law in California

Re: Eviction Trial Coming Up-Tenant Moved Out

First, any legal questions remaining can be answered by the free "Ask a Law Librarian", and I am enclosing a link to this sitehttp://www.247ref.org/portal/access_law3.cfm

(1) Yes.

(2)Not a good idea. While you may be able to explain away inconsistencies at trial, it will not help for you not to point out specific problems during the "walk through".

(3) If you asked for damages, you can get damages.

Based on reading your question, I would strongly advise retaining your own attorney locally for your trial. In my opinion, you re being "penny wise and pound foolish" to attempt this on your own. Obviously, the defendant believe that he/she has defenses.

Re: Eviction Trial Coming Up-Tenant Moved Out

Mr. Bennett is right. If you feel you will be too nervous to think properly during an informal move out inspection, why would you not be much more nervous during the trial of the case. You seem to think that the case is over with except for determining the amount of your damages. Has the other side formally agreed to a settlement. From what you relate, nothing has been resolved. Has the tenant even agreed to move out?

If the other side is willing to settle, they should enter into a stipulated judgment [which is not filed, to protect the tenants credit rating, unless the tenant does not do all he promises to do]. Most of your damages are speculative; you do not know how much rental income will be lost until you have in fact re-rented the unit. In filing suit, did you request those damages or just the tenants ouster? You have the burden of proof on the damages and also have a duty to try to keep them as low as reasonably possible [mitigation of damages]. If the trial occurs before the tenant vacates, how can you disprove that the tenant will not make allthe repairs before moving out. You are not ready for a trial on the damage issues, just the eviction.

The tenant's attorney will probably argue that there was no damage from having other people there, they were just visiting for a couple weeks, that breach is relatively minor and can be compensated by paying you for the increase utilities and a little for the extra wear and tear. Many tenant's attorneys hate landlords and will try as hard as possible to beat you up. Look at the cost of hiring an attorney as being premiums for an insurance policy that will at least reduce your damages.