Legal Question in Real Estate Law in California
Tenant has sued me in small court for Deposit
Hi:
1. Lease says that Tenant cannot sue the Landlord in court. Issue can only be resolved via Arbitration in Landlord�s county of residency (the rental property is in another county �120 miles away). Q: Can the Landlord ask the small claims court�s judge to throw away this suit by the Tenant?
2. Tenant broke a 1-year lease only 4 months into the lease. There was a provision that Tenant has to pay Landlord 2 months� rent for breaking the lease ($3000). Deposit was $2000. The house was rented without any discontinuity/loss of rent. The Landlord had to travel and spend many hours getting the next tenant (cost around $2000 � based on his hourly wages and travel). Q: Even though there was no loss in rent can the Landlord still ask for the $3000 compensation for Tenant breaking the Lease?
3. Total repairs and damage expenses was $1000 (showed receipts, etc.), but kitchen sink (of new 4 year old house) was chipped by Tenant (estimated cost to repair at least $2000). Landlord asked for $400 (work not done, no receipts) to keep for future Replacement (only way to fix the sink per professional�s letter). Q: Landlord returned $600 of the deposit (kept $1400. Will court side with Landlord on entire $1400 deduction in deposit returned?
1 Answer from Attorneys
Re: Tenant has sued me in small court for Deposit
The lease provision requiring arbitration is probably invalid and unenforceable. California law prohibits provisions in residential leases whereby tenants waive any of their procedural rights, and this has been held by the Court of Appeal to include waiver of right to jury trial, hence ruling out mandatory arbitration provisions. See Civil Code section 1953(a)(4) and Jaramillo v. J H Real Estate Partners, Inc. (2003) 111 Cal.App.4th 394.
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