Legal Question in Landlord & Tenant Law in California

I received a call from my tenant on January 23 alleging damage to their furniture as a result of mold. I immediately went to the home and found no evidence of mold anywhere in the home. They demanded that I pay for their furniture and stated that this had happened to them in the past and the previous landlord had paid for their furniture. I told them I would get a mold inspection. Seven days later on February 1 they refused to pay the rent and said they were entitled to withhold rent until I "fixed" their problem. I filed an UD and their response is serious habitability issues, retaliation, harrassment and failure to make necessary repairs. These people never requested repairs nor did they give me anything in writing alleging these issues. It was all about their furniture and not about the home. Everything they are claiming is untrue. What possibility do I have of winning this case if we go to jury trial?


Asked on 3/11/11, 1:28 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I am unsure whether the court will allow a jury trial. These tenants are professional litigants. So you must prepare your self very well.

1. contact their previous landlords and see what helpful information they can provide, including that the furniture they claim was damaged was the same furniture they claimed damaged before [you can argue in part that what proof do they have that the mold had not been entirely killed off and did not just return from the original infection; also you are trying to show the trier of fact that they pull the same scam with other landlords].

i can not finish responding to your question at this point; if you e-mail me your URL in a few days I can respond further. I may be able to post an add on to this answer on this site but I am unsure that can be done.

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Answered on 3/12/11, 7:20 am
George Shers Law Offices of Georges H. Shers

2. Their refusal to pay the rent is illegal; a tenant can withhold up to a month's rent actually paid for repairs if the landlord after reasonable notice fails to do so. They did not spend the money on repairs, etc. Mold does not just develop on furniture; where do they claim the mold is coming from?

3. it seems that most of their defenses are bogus, but judges tend to be very pro-tenant so you can not be overly confident. You probably want to prepare a written brief for th judge pointing out why some of the arguments can not be raised, or are wrong.

4. To get a jury, they have to put up jury fees, which they will not do.

5. Are they still in your property? Do they have any assets? Does your lease with them provide for attorney fees?

It would be worthwhile for you to consult for an hour or two with a local real state/landlord attorney.

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Answered on 3/16/11, 7:08 pm


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