Legal Question in Landlord & Tenant Law in California

We had a Prop-Mgmt Co. for renters in my other home one & 1/2yrs.

Renters asked out of there lease as house to sm. This home was 1957, 1326sqft w 1/2 acre. After one mo. we said yes. They moved out Dec.09. 04/19/10 we received letter from renters out Lawsuit they were going to proceed with due to a demand of refund of deposit.

We kept the $1500 deposit due to damages of new crpt. Prof. carpet cleaners could not remove stain. Total cost of carpet was $1,700 prior to them moving in. We figured $200.00 chg was fair as stain was 1/8 of room. Other Chrgs were for removal of depree, Ivy, tree limps, junk left in yard. They agreed to keep lawn, Ivy, trees all clean & cut. Also missing two large closet doors. The house was renovated before they moved in. The Prop. Mgmt checked this before they moved in.. They state also the home was un-inhabitable...That one really blows us away as there were no complaints of this before. Wouldn't the prop.mgmt Co. inform us of any problems. They did complain of home cold. PGE came out did inspection ,weather stripping & Insulation to Attic was completed.

We replaced some windows with Dual Pane, the home before rental had New HVAC. New Plumbing, Hrd wood flrs, new Kitchen& appliances & water heater. After renters were in, we purchased new front door & fire door. We were never informed we needed a fire door prior to them moving in. This home was remodeled prior to move in. They also claim in the Suit against us home was uninhabitial. This really shocked us as no complaints were placed in the begining of lease. Also we gave them 15 free days free rent free for work the husband agreed to complete during that time frame. It never was done.

I gave $500.00 Cash to them for planting of 12 lrg schrubs so in time would create privacy against the backyard neighbor. I was trying to give them a brake as they lost there home, had a family & Yes, that was very stupid on my part. I agreed for garden as well. Anything else needed approval.

When they left, Dog Pooh left in yard, lawn not kept up, depree left behind such as many bricks, Oak barrels with dead trees, plants were left behind dead. The rental is up 4 sale now as I cannot do this again. Tfhis demand letter came four months after they left.

Any Advice would be greatly appreciated.

Signed

I never will Rent out home again & yes, I learned my lesson.


Asked on 4/21/10, 7:23 am

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

Your rental management company should have made periodic viewings of the house and told you of the problems the tenants were creating. You should demand that they reimburse you for some of the expenses you incurred, such as the dead plants. Did they give written notice within 21 days after tenants gave up possession as to what you would be charging, as otherwise you have waived that protection; they should pay for any losses caused by their failure to act.

I will make some more comments later on. Is it a small claims court suit?

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Answered on 4/26/10, 9:33 am


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