Legal Question in Landlord & Tenant Law in California

Re: Home full of mold, inhabitable, then told we had to move.

You are probably going to end up suing landlord in Small Claims court.

It is very likely that you would collect damages for expenses involved with the motel move, depending on what you are out of pocket above and beyond the rent.

You also had several options when you moved back with kitchen cabinets, etc. lacking.

The law specifically awards damages for the landlord retaliating with eviction when you complain regarding repairs. If the reason you were served with 60 day notice is due to your complaints, landlord is responsible for damages. When a landlord retaliates with eviction, after tenant complains, he cannot ask you to move for 180 days (6 months).

However, it appears that you moved before the second month of the 60 day notice expired. You would owe for the second 30 day time frame, because of your early move out.

I am not clear about the relevance of the new carpet and paint. You are only responsible for new carpet and paint if you (or your guests) caused the damage. The landlord is responsible for ordinary wear and tear.

The security deposit can be used: (1) for unpaid rent;(2) for cleaning or repairing damages caused by the tenant(s) and guests ; (3) and cleaning, if tenant leaves property dirtier than when he moves

in.

I would suggest writing the landlord a certified letter, return receipt, and, or course keeping a copy, regarding refunding money. The law strictly requires landlord's refunding of deposit minus money expended as above. The landlord has 21 days to make a refund, minus charges, and if you don't get a proper refund, the landlord can be liable for an additional $600 penalty paid to the tenant where the judge finds "bad faith" by landlord.

You might want to retain a lawyer to write a strong letter to the landlord, and sue if that fails.

Please e-mail me, or call, if there are additional questions that you need answers to.