Legal Question in Real Estate Law in California
My previous landlords may sue me for damages to a house I rented. I am not contesting that there is (animal) damage nor that I am responsible for it. However, I am contesting the amount being asked in repairs.
Two questions:
(1) Do courts tend to favor landlord over tenant and just take a broad brushstoke approach?
In other words, do I have a leg to stand on if I am contesting some of the charges?
(2) If the landlord wins a judgement against me, in what time frame am I expected to pay?
(I have no assets).
Thank-you,
Marian
2 Answers from Attorneys
Damages should be reduced by depreciation. Example: If the pet urine requires replacment of the carpet, and the carpet is 3 years old and has a useful life of 7 years, then the cost of the new carpet should be depreciated by 3/7 for the 3 years previous use.
The landlord must collect the judgement. If you have no money, he will be unable to collect and will most likely turn the judgement over to a collection agency. If you are agreeable to a payment plan, the small claims judge will likely make that plan part of the judgement.
www.michielawfirm.com
Judges are supposed to be completely impartial, and I sincerely believe the vast majority are. Landlords may get better results overall becuase they may prepare better and make a better presentation of their evidence. Judgments bear 10% interest, which is a good investment in today's economy, and if you don't have assets or income now, the lien enforcement may hit three, five or seven years hence when you have a good job and a nice car.
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