Legal Question in Landlord & Tenant Law in California
unlawful detainer
2/28/07 my parents gave 30 day notice that they would leave the rental house, they instructe the property management office to use part of the security deposit towards last month rent, since they paid 2 security deposits when they signed the leaase 2 years ago. They were model renters an paid rent always on time. Two weeks before they left the house the property management office filed an unlawful detainer against them, my parents left the house 2 weeks later, my parents filed an answer an paid court fees.When we went to court their lawyer wanted to settle and asked my parents to deduct all expenses from the security deposit an end the case, my parents reused since there was no need to file the case, the original lease contract states that my parents can not use the first$ 1900 they paid towards last month rent but does not mention any thing by the second $1900 deposit. My parents refused to settle and since my parents are no longer living in the rental house the judge changed the case to a civil case with a court date 7,17,2007. I am helping my parents because they are seniors with limited english language understanding, we want to know if we can counter sue for our expenses at the same time? The manager deducted all fees.
1 Answer from Attorneys
Re: unlawful detainer
There are a number if issues here, and some unclear facts.
I would need to see the lease, if it is available. You probably need to fax it to me.
Technically, the security deposit can only be used by landlord for unpaid rent, damage to the rental, and cleaning fees, but only if it was dirtier when they moved out, compared to when they moved in.
I have been lawyer for many years, and never heard of 2 security deposits. Also, it is illegal, unless the house was furnished.
It appears that their lawyer knew he had a weak case, and was happy to settle. However, something is strange, since the judge is assigning it to a civil courtroom.
Fortunately, you are very bright, and will be a big help to your parents.
You can always counter sue (in legal language, it is a counter claim), and you should sue.
Was the unlawful detainer filed for any reason other than rent?
When the manager deducted all fees, what are we talking about? The deposit is supposed to be refunded within 21 days, with itemized statements as to what money was deducted.
Several things don't make sense here.
Normally we could communicate by e-mail, but starting tomorrow A.M. my computer will be in the "shop" for repairs. Please call me, if you want to discuss this further.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
