Legal Question in Landlord & Tenant Law in California

Landlord Possibly Eviction/Small Claims

Our landlord has let us know that we were in ''breach of contract'' when we turned in our 30 day notice even though the terms of the lease clearly spell out the end date on the lease and we followed suit on the notice. I think she is saying this to hold our security deposit and I assume that she will be evicting us as of the 2nd... If she does evict, we have no problem leaving, we were moving out prior to the lease conclusion yet still paying her for the full term. Additionally our deposit will cover the amount of time in the 30 day notice and the condo is in good condition. My questions are... Can she take us to small claims court? How long does she have if she chooses to take us to small claims court? Does it have a statute of limitations, or 2 years from now can she sue us? Any help or advice would be appreciated.

Thanks!


Asked on 8/26/04, 11:27 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Landlord Possibly Eviction/Small Claims

I am assuming that you gave her the 30 day notice, but did not pay the last month's rent. That is probably a violation of the lease. A security deposit is normally nat to be used as rent.

Since it is a written agreement, she has 4 years in which to sue for any breach. She would only be able to sue for actual damages.

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Answered on 8/27/04, 11:37 am


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