Legal Question in Landlord & Tenant Law in California

I am tenant in Carlsbad CA landlord dispute. Uneventful walk thru (empty home), fixed minor issues over 3 days. Landlord sig on my paperwork/ 12 days early. ONLY issue presented after-fleas- NO animal present 2 months prior to lease end. Gave permission to use bombs/powders/ up to/ incl proff serv. Specifically stated no permission to reclean carpets (done 2X prior to moveout). Final settlement -$1000 for carpet cleaning/flea powders/recleaning home from residue. NO mention of stains/ smells/ anything else. 2mons later sued for carpet damage/ loss of rent/ carpet cleaning/replacement $7000- I had pics/ 2 witnesses rebutting saying house immaculate, proof Lots of workers/ their family members in home between . They presented carpet backside pics/ ESTIMATE of new carpet(no details) prior to me/ no witnesses/ no replacment bill. Spoke w/ carpet repair man- replaced with WOOD/carpet/ they moved back in. Judge awarded $3200 for 90% of carpet on their word stating settlement should not be estoppel/ stains came from somewhere. This is not my understanding of CA civ code 1950.5 as well as NO proof, on top of this is FALSE accusations!!!! You cannot HIDE smells/stains for months and they magically appear. Is this worth paying an attorney & reopening $7000 liability? I am in northern San Diego ca.


Asked on 3/10/11, 10:57 am

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

It is really not a legal question, but one of economics. You could easily spend $5,000 or more to attempt to set aside or appeal the judgment, and still lose. It also depends on whether your lease has an attorneys fee clause - if it does not, even if you win, you'll still be out your attorneys fees. I would suggest buying an hour of a qualified, experienced real estate litigation attorney in San Diego to review the situation and provide you with an opinion. The cost of an hour of someone's time is probably worth a few hundred dollars to help you evaluate whether or not it will be worth the time, expense and stress.

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Answered on 3/14/11, 12:29 pm


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