Legal Question in Landlord & Tenant Law in California

I am renting a home on some acarage. I have been here since July 15th 2009. When I came to see the property there was a barn that I was going to be able to use for shelter for my horses.

This was one of the reasons I decided to rent the place (barn). I don't recall the exact date, I think it was some time in Feb 2010, the owner's wife & a friend came & dissasembled the barn & took it. That took 2 separet weekends. They left a huge mess with pieces of barn & debris all around the horse area. I don't deal with the owner because there is a management company representing the home. I reported my concerns with the management Co, they told me that the barn was not part of the deal. They did lower the rent alittle though.

Mar 6th I gave my written 2 months notice to move out on May 6th as my work had slowed down I was not able to afford the rent, & I thought I was getting a barn for my horses too.

On April 22 I formally withdrew my intent to move as I had not found a place to move yet. They said that was fine.

I am behind in May 2010's rent about 800.00. I don't have the money to give them. I have found a place to move, & am planning on leaving on June 10th, DO I NEED TO GIVE 2 MONTHS NOTICE AGAIN?

On May 26th & 27th I spoke with the lady in the managment's office, she was sugessting that I surrender the property. she told me to email "Mark" (owner of man.co) & let him know what my plans were.I did that. I asked if i could use part of my deposit to cover the balance of May's rent. He tells me that the owner has a mortgage on this place that he cannot pay due to the fact that I am late with my payments. He tells me to bring in a substancial payment. (I don't have any money?) He says that they need the deposit to make repairs on the house, There is a small area on the front door trim that needs fixing. There is no damage to house at all from me. I find it curious that is fine that the mess that the wife left is perfectly fine to them but a piece of trim has become a huge issue???

ANOTHER CONCERN IS THAT THERE HAS BEEN ONGOING WATER ISSUES HERE WITH THE WELL PUMP & PUNP HOUSE. within the last couple of weeks there was a 4 day period with no water for me or my horses, I stayed in a hotel for 2 days which they gave me credit for.

ANOTHER CONCEREN IS THAT THERE WAS A THREE MONTH PERIOD WHERE THE ELECTRIC BILL WENT UP TO 6OO.OO & 700.00 A MONTH. Normally it was 100.00-150.00 amonth.

I think i was something to do with the well/pump house?? I reported my concerns, They are looking into it for me, but I still have no answers.

AM I ABLE TO MOVE OUT & BE ABLE TO KEEP MY DEPOSIT? OR BE ABLE TO USE IT FOR PART OF MY RENT?

Marsi 760-521-0372


Asked on 6/02/10, 10:40 am

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

If you cancel a notice to vacate, and they agree to it and rely on that by not looking for a new tenant to replace you, then you should give a new notice or enter into a written surrender agreement.

Sounds like you may have been compensated already for the water pump issue.

Sounds like you are going to have a hard time proving they are responsible for any damages form utilities increase unless you can nail down a cause.

A tenant isn't normally entitled to withhold rent just to have rent paid by the security deposit. A landlord may, however, use a security deposit to pay back rent and property damages caused by the tenant.

So a landlord typically may add up the back rent and legitimate repairs (excluding normal wear and tear), deduct them from the deposit, and come after you for any deficiency.

Read more
Answered on 6/02/10, 3:09 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California