Legal Question in Landlord & Tenant Law in California

I lived in a rental house in La Jolla, California and the landlord has never sent me a written statement regarding my security deposit. Each roommate had an individual lease with the landlord. One of my housemates was e-mailed a list of damages 23 days after the last tenant cleared residence and 41 days after the end of the individual leases. (The final tenant was there having signed a sub-lease with the landlord and was not one of the original tenants.) The landlord is stating the tenants caused damages in excess of the security deposits, but has never given itemized information. I understand I need to take him to court to recover my security deposit as he has breached the time limit to inform me, but my question actually is whether he can counter sue for damages? The landlord stated (without documentation) there were damages in the amount of $14,945. My portion of the security deposit is $2,200. He also collected a monthly gardening fee and didn't have the gardening services performed each month. Would I be best off getting a lawyer on a contingency basis or is this something that I could handle myself in court?

Thanks


Asked on 11/24/11, 8:14 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You need an attorney to at least research the law, especially since this one is a little vague. Off the top of my head, I think, but would need to further research it [$150 per hour] he has to return all of your security deposit but can then sue you for the damages. You have to get him to support his claim of the extent of he damages and figure out what part you may be responsible for. Based upon all the facts, you will need to develop an overall strategy, including merging your efforts with the other tenants. It sounds a little to mixed up for you to handle on your own and letters from attorneys carry more weight with landlord recipients then from their tenants.

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Answered on 11/24/11, 8:36 pm


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