Legal Question in Landlord & Tenant Law in California

Landlord dispute

My ex landlord and I are in dispute.. he's one of David's bosses biggest clients. On friday he told Davids boss that he would no longer use the company if David was employd by it. David lost his job. This can't be right. We owe Castaldo Property Management in Chico CA 750.00 for past due rent after I was laid off from work and trying to get Unemployment straightened out. They hold a 1300.00 deposit already and STILL I told Mr. Mike Castaldo that I would pay the rent due after my unemployment gets straightened out. David had just received an opportunity to be part of an employee-owned company with a great future. His boss DID NOT want to fire him but with Castaldo Property Management making up the majority of his business to make a stand would have cost him his business in this already cruddy economy.

This just can't be right What do we do? This action has threatened the security of the 2 children I still have at home. I told Mr. Mike Castaldo to please cease after his first phone call to David's employer. I told him that to cause us to lose this income would be to put us out on the street and all for money that in all truth he already has. He made the second and final call after our conversation.

PLEASE HELP!!!!!!!


Asked on 3/30/09, 12:17 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Landlord dispute

The $1,300 is legally a cleaning/damage repair deposit and not to pay for any rent past due. Everyone treats it as being last months rent but it is not. So the landlord is correct that you are nearly a month behind in the rent and will probably serve you with a three day and thirty day notice.

His calling your husband's boss [you should not use full names on a posting as that creates possible liability problems] to get him fired was wrong and depending on what he said and why you may have a valid suit against him. The best things might be to write a friendly letter to him, apologize for being behind in your payments explaining why that is, stating that you have just been informed that you may be wrong about the purpose of the "security deposit", when you can pay the rent, and that wlith yuour husband fired it makes it much harded to pay the rent. If your husband could be re-hired then you could pay the rent faster; you think that his boss may have misunderstood what he was saying and took it as an order to fire your husband, so it would greatly help if he could speak to the boss again to try to get your husband rehired. That type of letter may compromise your abiloity to successfully file suit but the damage is reduced by your explaining why you wrote it.

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Answered on 3/30/09, 12:43 pm


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