Legal Question in Landlord & Tenant Law in California

my ex landlord is suing me

My landlord is sueing me stating that i broke our contract by leaving the house 2 weeks before the contrct was over but she did receive payment for last month. She did not return my deposut and now is suing me for $2550 stating that this money is to cover for damages and things that she supposely fixed. She waited a year before she sued me. I would like know what i can do.


Asked on 10/18/07, 4:02 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: my ex landlord is suing me

There are a number of complications here, so I'll give you my opinions in the order of your facts.

If you did, in fact, leave two weeks early, you would owe for those two weeks.

When you say "she was paid for last month", are you saying you paid directly, or, you assumed she took it out of deposit?

Landlord has 21 days to return deposit, along with itemized invoice and explanation of where every penny was spent.

In California, there are only three things landlord can deduct for: (1) unpaid rent; (2) damages caused by tenant, or tenant's guests, that are beyond ordinary wear and tear; (3) cleaning, but only if the premises were dirtier than when you moved in.

In addition, for failure to return the money, and give proper invoices, a landlord is responsible for the possibility of a $600 penalty (after the 21 days) and that $600 goes directly to the tenant, if the judge believes she acted in "bad faith".

She can sue for whatever she wants, as long as it is within two years, but, of course, she has to prove the claim.

You should retain an attorney, and get prepared to file your own suit against her for the failure to refund, and/or account for the deposit. You could handle this alone, but I would not recommend it.

If you need more, please feel free to e-mail, or call, my office.

Read more
Answered on 10/18/07, 4:31 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California