Legal Question in Real Estate Law in California
Tight landlord
We were late on our rent this month, on our momnth to month lease agreement it states that to cure a late rent payment we have to pay a $40.00 late fee to our property management company. The owner stoped by our apartment and told us he had hired an attorny to sue us for a window that was broken when we moved in we put it on the move in inpection sheet. We paid a $700.00 ceposite and since he said we were oing to have to pay his attorney fees anyway I told the property management company that we were now in fear of our deposit and to keep the deposit to pay for our rent due. and the eighty dollar balance can be used for the rest of the deposit. We were given a three day and then the following day a thirty day notice. We told them we will be out by the end of the thirty day notice. We were given a summons and complaint and I have to answer by today as the 5 days are up tomarrow. What remedies are available that will cost the least amount of money and is there a way to file a complaint against the landlord for harrasment?
2 Answers from Attorneys
Re: Tight landlord
If you paid the past due rent and the late fee by the end of the third day you should not be evicted, unless there is some other reason. Many courts will even allow you to stay if paid by the 30 day period. However, because you have a month to month lease, you will have to leave anyway.
If you can prove that the window was broken when you moved in and that it was not repaired and then re-broken, you will not have to pay. Use your inspection report and anyone who knows your place well - i.e. a friend or neighbor.
It does not sound like you have grounds to sue your landlord. It sounds like he is within his rights.
You should not have to pay his attorney fees if you can pay the past due rent and prove that you did not damage the window. However, if you still owe rent, he can get a judgment against you for the rent. The landlord must account for any deductions from the deposit for damage to the apartment, and return the balance.
You must file an answer to the complaint in the time alloted or default judgment will be taken against you. You can file your own answer by copying the heading of the case - i.e., name of the court, names of parties and case number. Then respond to each numbered paragraph with either an admit, deny or explanation. There is usually a fee required for an answer.
You may want to talk to the attorney to see whether something can be worked out so you don't have to go to court. But still file your answer.
You may want to call legal aid for help.
Re: Tight landlord
Be sure to file an answer to the complaint. If you don't the landlord will get a default judgment and an order for attorney fees, assuming there is a provision for attorney fees in the rental agreement. You should raise as an affirmative defense that you did not break the window and therefor were not delinquent in the payment of your rent. Any time that the window remained broken after you moved in would be a time when the rental value is lowered. This would be particularly true if the weather was cold during that time, or the lack of the window presented security risk. The reduction in rental value would have resulted in a over payment of rent.
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