Legal Question in Landlord & Tenant Law in California
I just lost in municipal court because the judge made an error. I own/manage and maintain 4 rental apartments. A tenants, who left the furnished unit filthy, objected to the deductions from his deposit and proceeded to small claims court. The small claims court judge pro tem, awarded the tenant the amount of the carpet/sofa cleaning bill, indicating the "cleaning service" was "wear & tear". I appeal the judgement, since I could not see how cleaning can be wear and tear. Trail de Novo (real Judge) was today. After tons of photos, evidence and testimony regarding the condition and need for cleaning, the judge award the plaintiff $950 (out of $1100) "because the deposit statement and refund check where not returned to the tenant within 21 days." I have no idea where he got the dates. Plaintiff moved out 6/30/10 and the deposit was returned on 7/13/2010. There was absolutely NO testimony regarding these dates and all the evidence and documentation supports that these dates are correct. What can I do?
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