Legal Question in Real Estate Law in California
Landlord rights to a security deposit
We own a 20 unit complex of condos and apartment and recently a tenant did touch up paint before moving out. The paint is terrible! We now have to repaint the whole unit because there are splotches on the walls in every room. We have pictures to prove it. It will cost $1500 to repaint the unit, and we are charging the tenant 50% We sent her back her security deposit - $1500. She is now suing us because she said she never got entry into the unit to rectify the situation. We told her before she left that we had a problem with the paint. Does she have a case? I thought once the tenant was out there was no right to re-entry.
2 Answers from Attorneys
Re: Landlord rights to a security deposit
Based on what you described, it sounds like the tenant doesn't have a case. Make sure you bring photos and witnesses to the small claims hearing.
Re: Landlord rights to a security deposit
When a tenant on a term lease surrenders possession at or just before the lease expires by its terms, the tenant has no right to re-enter after the expiration of the term for any reason.
If you returned the full security deposit, what the heck can the former tenant be asking for? -- you're the ones who are harmed, not she.
Assuming you are being sued in Small Claims Court, sounds to me as though you should defend vigorously and file and serve a Claim of Defendant.
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.
