Legal Question in Real Estate Law in California

Unlawful detainer

I rented a studio on a month to month basis on 3/1. Near the end of his 1st month he asked for his security deposit back claiming that he had spent his own time and $ cleaning the place. I refused to return the deposit. A day later he called complaining of that the oven was broken. I inspected the oven and one of the burners did not work. The tenant admitted that he had tinkered with it and suggested that I pay him $50.00 to fix it + his deposit. I refused because the oven had been functioning and he broke it. On 3/31 I gave my tenant a 30 day notice to terminate. On April 30 my tenant informed that he won't move and gave me a long list of things that do not function in the unit (e.g. leaky fawcetts, missing baseboard, closet door won't shut, etc.). I filed UD action. He answered and claimed retaliatory eviction. Many of the items on the list functioned when he rented the studio and I suspect that he caused the damage to effect a rent reduction. Should I file a summary judgment motion because I did not have notice of the items, and he caused the malfunction on some of the other ones, or should I just set the matter for trial?


Asked on 5/13/99, 12:52 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Unlawful detainer

You cannot file a summary judgment motion. There is a question of fact regarding the alleged broken items.

You should get witnesses that the items the tenant is claimaing awere broken were working prior to the tenant moving into the studio. The former tenant or any othe person that has knowledge of the condition of these items.

Also take any correspondance that supports your position. You may also wish to check the court files to see if he has been sued by prior landlords or has sued prior landlords. If he gave you references check with prior landlords to determine whether he has done this before. If other landlords had problems similar to the problem you are having.

If there is a pattern of this kind of conduct contact the district attorney's office and file a complaint.

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Answered on 5/19/99, 9:24 pm


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