Legal Question in Landlord & Tenant Law in California

I owe old landlord late fees occured of $480.00 and Partial Rent for the last 2 weeks I lived in the house of $500. I had to stay a bit longer due to escrow delays in March 2010 and she approved my stay and extension of late fees till I moved out. She's sueing me for repairs which I have no knowledge of damage and cleaning fees. I lived on property of 6 years and prior to moving out I had the house patially painted inside and left the house well cleaned inside and out "to the best of my ability"

There has not been any rental contract for over 3 years of me renting and no security deposit was ever in any rental agreement. I have and will continue to make small payment to her account to pay what is owed to her via bank account as I did for the past six years.

What can I do to prepare for this claim that she has said she will submit for.


Asked on 5/26/10, 2:40 pm

1 Answer from Attorneys
Mark Storm Law Office of Mark Storm 916-739-8552

You might challenge the "late fees" as an illegal contractual penalty. Otherwise, every time you vacate a property, you should take lots of photos and do a walk-thru with a witness. The landlord has to prove that you caused the damage or are responsible for it; for example if an exterior window is broken, the landlord should prove YOU broke it and not some neighborhood kid. You might challenge the "cleaning fees" as normal wear & tear.

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Answered on 6/02/10, 9:56 am


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