Legal Question in Real Estate Law in California
What can I do about harassment from a landlord?
When we informed our landlord that we were moving, our landlord started complaining about many things. One in particular is that he claims that my parents have been living with us for months. When I have tried to explain to him that they do not live with us and they have their own home, he claims that I am lying. EVERY effort to explain that they come to babysit my daughter results in him calling me a liar, even though I have simple proof they do not live with us. He is now asking for $20 for them "staying there". He has told my mother that he wants her and my father out of the place. They are our guests. Can he do this? This man has also made insulting remarks. Is this harassment and what can I do? We think he is bringing up all these complaints only now so he can try to keep all of our deposit.
2 Answers from Attorneys
Re: What can I do about harassment from a landlord?
Ignore him. Tell him he cant have the $20 and you don�t care what he believes. After you move out go to small claims court to get your deposit plus penalties.
Re: What can I do about harassment from a landlord?
The landlord is interfering with your right of quiet enjoyment of the apartment. You could call the police and report the landlord for harrassment, assualt and perhaps other charges.
When you move out be sure to take pictures of each room in the apartment. If possible use a poloriod camera, then have the landlord sign each of the pictures. Generally a picture taken from each corner of each room, pointing to the cornor diagonally across the room. Also ask the landlord if there are any damages to the apartment. If he says there are any damages take pictures of these particular areas.
The Landlord had 14 days after you move out to give you written statement of the damages and the cost of repairing each of these items. You are not repsonsible for usual wear and tear of the property.
If the landlord sues you for damages or refuses to return your security deposit, assuming not damages to the apartment,sue the landlord either in small claims court, maximum $5,000.00, or municipal court. Include in your list of damages the reduction of the rental value of the apartment due to his interfering with your use of the apartment. You should also include defamation of character, and infliction of emotional distress.
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.
