Legal Question in Landlord & Tenant Law in California

Leasing Agent Issues

The leasing agent at my previous residence demanded that a ''pre'' final inspection be done to my home before giving a good rental reference to my current landlord. She said if I didn't let her inspect my home that day, she would tell the new landlord some negative things. I allowed her to do the pre-inspection. I really wanted to get out of that place. However, she brought the maintenance man with her, no paperwork/checklist, and a camera. She took 3 or 4 photos of the carpet and said ''You owe me $2200 to replace the carpet.'' Now call me crazy, but this doesn't sound legal in any way! I have contacted her boss and let them know of her unethical methods while doing business. I want to know if what she did was illegal and if I can take legal action against her. Thank you.


Asked on 4/08/09, 2:28 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Leasing Agent Issues

The civil code actually provides for a pre-move out inspection, so she did nothing wrong by insisting you do it. There is no law that requires people to be polite (as much as we want to wish there was such a law). She can be as rude, mean and nasty as she wants to be, and she hasn't broken the law. Only where that rudeness crosses the line and becomes a threat of economic or physical harm does it reach a point where it might be actionable in court. From what you describe, she may not be the most professional property manager, but I don't see where she crossed the line and would be subject to legal action. The closest she may have come is in refusing to give a reference unless you performed the pre-move out inspection, however, unless your lease states otherwise, she is not required by law to provide any reference to any prospective landlord, and most property management companies have a strict policy against giving anything more than move-in date, move-out date, beginning and ending rent. They are not even required to provide that information. I'd suggest that you review your lease, go back and look for any documentation of the condition of the property when you moved in, and compare it to today. You almost certainly owe the landlord a carpet cleaning - if it was clean when you moved in, then it must be cleaned before you move out.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/08/09, 3:03 pm


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