Legal Question in Landlord & Tenant Law in California

what can a landlord do when a tenant didn't pay the last month rent and used the security deposit to cover her rent. (the landlord had no choice because the tenant was laid off and excused herself as a single mom) when she moved out, she left the place trashed and damaged, since her security deposit was to cover the rent that she missed, there was nothing left from her deposit to cover the damages done by her. we had pictures taken of the place, one of the bathroom door was chewed up, she lied about it was a dog she dog sit. the contract agreement stated no pet, period. we later found out from the neighbor that she had a dog in the rental at least the past 6 months. she had lied and had a dog without our permission.

so what can the landlord do about this? we know that we have the right to bill her for the damages and the cost of cleaning up the place, correct? what about having a pet in the rental without our consent? knowing that it clearly stated no pet allowed.

also, she didn't show up on the day of walk through. she just left the key at the door; didn't turn in the key to the garage (a detached garage) and the mail box key. she lied about mailing out the keys to our place, but apparently she didn't. excuses after excuses, her excuse was the mail go returned. we asked her to drop off the key at our place with the returned mail envelop, of course she couldn't provide the proof. she finally dropped off the garage key a week later. (very obvious that she still had stuff stored in the garage).

my question is on top of the compensation to the damages, what can be penalize her for hiding a pet without our knowledge or permission?


Asked on 10/26/09, 2:43 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The landlord could go to small claims court for the cost of replacing the bathroom door and any other damage the dog may have done. She also can be liable for the holdover rent for the days she hadn't completely vacated -- although that could be a more contentious issue.

Obviously, she violated the rental agreement by having the dog. If you had found out while she was still at the property, you could either have given her a three-day notice to vacate or charged her an extra amount for the security deposit to cover things like messes on the carpet and scratched woodwork. I know that you're angry about her deception. You have to decide whether that will motivate you to pursue recovering damages because of what the dog did to your property.

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Answered on 10/31/09, 12:49 pm


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