Legal Question in Landlord & Tenant Law in California

landlord breached rental contract and failed to account for sec. dep can i sue

I was renting house with an option to buy lease, and when my fiance was laid off from her job we ran in to difficulty coming up with the rent. We discussed with landlady about the promises she had made us concerning additions to the property that were to be done but never followed through with, and also about my VA Home Loan guarantee that was due to arrive anyday. It finally did arrive and I immediately called landlady and left her a message. She called me back and we arranged to meet the next morning at 9:00am to discuss. When i heard knock at door, answered but instead of seeing my landlady I was served with an unlawful detainer.

To cut a long story short - my fiance and i received a judgment for the unlawful detainer. we moved out in accordance with the stipulation.

My question is can i take my former landlady to court for a breach of contract - I would easily have been able to purchase according to our contract with the VA home loan guarnantee (landlady also told me that they were wanting to sell as soon as possible) - but because of real estate market fall she promptly put a for rent sign up - which i see as she never intended to sell and also that security deposit shall be accounted for by plaintiff within 21 days.


Asked on 8/17/08, 9:44 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: landlord breached rental contract and failed to account for sec. dep can i sue

You probably need a judge to decide that landlady breached the contract.

As to the deposit, it must be refunded within 21 days of moving out, or a list of what money was spent on what. However, unpaid rent is to be paid out of the deposit.

Read more
Answered on 8/18/08, 10:10 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California