Legal Question in Landlord & Tenant Law in California

We moved out of a rented house in May. A new renter moved in the same day or next day. When we moved in, the house hadn't been cleaned whatsoever and the owner was storing business records which took up 1/4 of the garage (he didn't have them removed immediately as promised...it took 5 months to have them removed). We also in December, we told him there was a problem with the electrical outlets not working in 2 of the bedrooms and garage which he never fixed. I am a widow struggling to make ends meet. When one of my son's job sent him to NY, I was almost impossible for one of my other sons and myself to come up with rent. The owner agreed to us breaking the lease as he had someone who wanted to move in right away (not sure how because no one actually saw the place while we were there)Just having surgery 2 days before, he told us we had 3 days to get out. We did it in 2 days and on the third day, I cleaned the house from top to bottom...from the base boards to the ceiling, inside and out... It looked at least 200% better than when we moved in. The owner now wants $3500.00 plus our security deposit of $1750.00 claiming we trashed his house! My son has already given him $2000.00, he still has our security deposit and he is threatening to put and eviction on our credit report if we don't give him $1500.00 more. How can he do this? BTW, I have pictures of move in day and move out day.


Asked on 7/12/11, 6:32 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

He cannot put an eviction on your credit report. The only way an eviction goes on your credit report is if the landlord subscribes to a tenant screening service such as the one First American runs, or if he actually files an eviction lawsuit. Since you are no longer in possession of the property, he cannot file an eviction.

As for the security deposit, he must provide you with an itemized statement for any deductions from your security deposit. He must provide that to you within 21 days. Further, he should have notified you before you moved out that you had the right to have the property inspected before you left to determine what, if any charges he was going to take against your security deposit. If it has been more than 21 days since you moved out, then send a letter demanding return of your security deposit in full. When he doesn't return it (which he won't), sue him in small claims court for the security deposit. Good luck - sounds like a real piece of work!

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Answered on 7/13/11, 1:13 pm


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