Legal Question in Real Estate Law in California

rented for 7 years and the landlord requested us to leave ,but she will not give

family lived in a condominum as a tenant for the past 6 or 7 year, during this time the landlord has never came to clean the carpet or put a new one, or new paint and whenever anything went wrong she would want us to fix it ourself so it would be less money.

questions? 1- can we get our deposit back (the last day she had us sign a paper that our deposit would go toward fixing the house. 2- she has been harassing us time after time and she kept saying that she would take us to the court 3- when we cleared the place the only thing we left in there was the refrigerator, about 3 weeks to a month after she received the key and remotes of the house, she called my house and asked us to go back to the place and take the refrigerator out, and when we said no she said that she will take us to the court and thats also the time that she came to my place and tryed to block the door as i tried to shut the door on her, is this legall, my parents and i are very emotionally upset(since we took very good care of the place and the rent was always on time). I just want to get my deposit back and something back for the emotional stress and to put her out of our lifes.


Asked on 1/06/03, 6:07 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: rented for 7 years and the landlord requested us to leave ,but she will not

Without seeing how the paper you signed is worded I can't tell you for sure, but it sure sounds as though you have signed away your right to a refund of the deposit.

All this about a demand to remove the refrigerator and an unwelcome visit by the former landlady to your current residence sounds like left-over unhappiness about the former rental, but not something for which legal action is appropriate. You should have removed the refrigerator, if it belonged to you, but even a small-claims suit over this would be a waste of the court's time. If you are sued, you will need to respond and defend, but I would be surprised if you lose. The harassment will probably stop of its own accord, but if not, get a civil harassment restraining order.

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Answered on 1/06/03, 1:40 pm


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