Legal Question in Landlord & Tenant Law in California
Landlord broke lease
Six (6) months into a one year lease, our landlord notified us they needed to move back into the house we were leasing. We requested one months rent be returned to us along with complete refund of deposit. LL agreed as long as we would completely vacate by 2 days prior to the end of the month so they could move in without having to pay another months rent. (This constituted 21 days notice) We agreed to this as we were told by others in the area they would charge us for any little problems and create new ones to keep our deposit if we stayed. They wanted to inspect the house and did so twice. Once prior to our beginning the packing process and again at the end of our move out.
When we moved in the house was dirty. Spilled food and crumbs in the kitchen cabinets, toothpaste in the bathroom cabinets etc. When we left we had the house professionally cleaned so they could have no complaints. They are now claiming scratches in the wood floors etc and are not returning calls and we have only recieved 2/3 of our deposit and none of the promised refund of rent. What is a standard lease buyout by a LL? Our move cost us more then we had agreed to. What are our rights and what are the timelines for payment?
2 Answers from Attorneys
Re: Landlord broke lease
I completely agree with Mr. Shers.
Follow his advice!
Re: Landlord broke lease
I do not think there is any special timelines for your situation. It seems to be a simple breach of contract. Nor would there be a standard buyout amount.
Was the agreement in writing? It is just as binding if verbal agreement, but the terms of a written agreement are easier to show.
Write one last letter to them, sending it certified so they can not dney reciving it. Tell them you have spoken to some atorneys and that what has occurred is a simple braech of contract. During the 2 inspections they made they did not report any damage so you have t question why they could not see it until ate they moved back in [could their moving their furniture back caused the damage?]. Your liability is only for abnormal wear and tear; small scratches on a wooden floor are to be expected. You did them a big favor by moving out. Since they have now breached the contract, you arr entitled to damages beyond the payments previously agreed to. You should also be compensated for the cost of moving , your time in finding a new place, the amount of your labor in moving. if they will pay you the 1 1/3 months rent they owe you, you will forget the matter as long as they also agree not to do anything about their claims, but otherwise you will have to pursue your legal remedies, which might include reimbursement of attorney fees.
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