Legal Question in Real Estate Law in California
Can a landlord charge more (from eviction) than the amount of judgement?
My roomate and I were recently evicted from our apartment of 2.5 yrs. She became unemployed, and we explained the situation to the apts. They understood and continuously took the rent late,until the last time, they refused -no explanations. We went to court 3/26, the judge said we owed $1675.58 (595 rent, 350 attorney fees, 195 court cost, and pro rated rent / damages of 535.58)I have a copy of the transcript.I rec'd a letter from the apts, stating we owe $2319 minus 515 deposit=$1804 (1332 rent, cleaning 105, legal fees 722, carpet dye 160) THere were no damages to the apt, after 2.5 yrs wouldn't the carpet be wear and tear if it did need anything? Can they charge more than the judgement says?
2 Answers from Attorneys
Re: Can a landlord charge more (from eviction) than the amount of judgement?
If they already went to court and got a judgment, the judgment is what you owe, and is all you are legally obligated to pay -- unless they go back to court to get another judgment for subsequent amounts. A judgment does bear interest at 10% per year, however.
Re: Can a landlord charge more (from eviction) than the amount of judgement?
The court judgment would have been valid as of the date of the judgment; after that, further costs can accrue, such as a court fee for issuance of a writ, a fee to the sheriff or marshal to carry out the eviction, and interest at 10%. They cannot get more in attorney's fees than the court granted them, however, unless they go back to court. As regards the carpet, normal wear and tear is not the same as being dirty, being torn, ripped etc. Here, it it is unclear whether they are charging for normal wear and tear or for deterioration you allowed but which could havve been prevented (which would be your responsibility); however,the amount is not excessive.
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