Legal Question in Real Estate Law in California
Default of rental agreement
We rented a room for two months to an individual and a written agreement was prepared and signed by both parties. The agreement called for 1/3 utilities to be paid as part of that rent. The party moved out at end of second month, leaving the unit dirty, without paying the two months utilities and did not leave forwarding address. Nine months later the party contacts us to reclaim entire $400 deposit and threatens legal action. Party never completed rental application or provided any personal info. Does this constitute breach of contract for failure to pay 1/3 util as stated in lease. What should we do?
1 Answer from Attorneys
Re: Default of rental agreement
California law requires the landlord to give the tenant a written statement of damages and the cost of repairs within 14 days after the property is vacated. There is a hefty penalty for failure to comply with this requirement.
If I were in your position I would immediately prepare a statement of damages including, the cost of cleaning the room, the unpaid utilities, and any other repairs required due to the conduct of the tenant. The landlord may not charge for normal wear and tear resulting from the use of the premeses. Check with the local library for books on eviction defense or eviction for help on what can be charged as damages.
In deciding whether to refund any or all of the deposit, depending on the damages, one should consider the cost of going to court, time off work, time to prepare for court, emotional stress involved etc.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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