Legal Question in Real Estate Law in California

Landlord offered to break lease, then didn't

Our landlord was upset with us for allowing him to show our place, 3 days after he requested it. We wanted to be on the premises while he showed it around, and had only asked the day before he wanted to show it. When he finally showed the place, he told us he would let us move out early,pro-rate the rest of the month back(we had already given 30 days notice),and he even wrote a note up stating this,and signed and dated it. When we moved out a week earlier than our 30day notice was up, he refused to pro rate us.Can we take him to small claims court over this? Also - he charged us $1800 of $1895 security deposit, for painting the walls, pulling staples out and filling the holes - we lived in the apt for 1.5 years.Everything I've read seems to indicate this is 'excessive' in it's charges. We had a feeling he would do that, so we photographed the entire apartment after we cleaned it and vacated. The place was in perfectly fine condition as one can see in the photos.Is he right in charging us $1200 for painting alone?

Thanks.


Asked on 11/09/07, 6:48 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Landlord offered to break lease, then didn't

If you have a written agreement from the landlord shortening the 30 day period, the written agreement controls over the lease. Ask the landlord on what legal basis he is withholding the last week's rent and remind him that you might be able to get triple damages for his doing that. If he still will not listen to you, go to Small Claims Court.

As to the security deposit, go to several painters and find out what they would charge to repaint the unit. Get a written estimate [the landlord will not let you in to see the unit so you will have to show the pictures and accurately measure the unit. Argue that an apartment should not need repainting after only 1.5 years. In court, demand that your landlord produce any records showing how much he paid for the repainting or what damage he alleges you caused. Did you do a before moved in check list of any physical defects?

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Answered on 11/10/07, 1:09 am


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