Tennant legal advise needed....
My landlady is threatening court if I don't pay $2000 in unpaid rent. Half of this is unfair cleaning fees and wear and tear "damage". I can't afford it. I moved out 3 months ago and still don't have enough for a deposit on a new place.
I made improvements, painted, repairs etc. I lived there for 3.5 years. The water heater was faulty and she promised to replace it a number of times but never did. It took up to 10 minutes to get the hot water hot the entire time I was living there! I found her in the property without permission or warning. can she win this?
Re: Tennant legal advise needed....
Your landlady can win it, especially if she takes it to court, and you don't show up. You do have to be served legal papers, notifying you of the charges & court date. You can try to avoid being served in person, but I believe it can be done by mail. Regardless, if you try to avoid it, there could be legal and credit consequences.
She can visit the property without your permission or notification - she owns the property, and has certain rights. Per CA law, she needs to notify you 24 hrs in advance, if she wants to come inside the house.
Your story is a bit muddled, as you don't say whether the $2000 unpaid rent is true. Unpaid rent is different from cleaning fees & damage. If she does take you to court, and you show up, you will both separately meet with the same mediator, who will try to get you both to compromise - in this case perhaps settle at $1000.
If there's no compromise, you both go back into the court, plead your case, and the judge decides. It's best to be represented by a lawyer, if it goes to court, because a landlord/tenant lawyer will know the law, plead your case, and save you from statements or behavior that could jeopardize you. There are legal aid lawyers for tenants getting really reamed, but I doubt they'd take your case, because it's a relatively minor dispute.
The best thing to do is compromise with your landlady, before she takes you to court. I'd offer her $500 to settle the case. If she agrees, you'd want to get her agreement to settle all claims in writing. Good luck.
Quote:
Posted in reply to the post by kevdev:
My landlady is threatening court if I don't pay $2000 in unpaid rent. Half of this is unfair cleaning fees and wear and tear "damage". I can't afford it. I moved out 3 months ago and still don't have enough for a deposit on a new place.
I made improvements, painted, repairs etc. I lived there for 3.5 years. The water heater was faulty and she promised to replace it a number of times but never did. It took up to 10 minutes to get the hot water hot the entire time I was living there! I found her in the property without permission or warning. can she win this?
Re: Tennant legal advise needed....
In my last post I was thinking she could take you to Superior Court, where evictions are handled. However, you said you'd moved out. I think therefore any legal action your former landlady could take would be through Small Claims Court, which handles cases for less than $5,000. She'd still have to serve you. She could decide it's not worth the hassle, and forget about it. You could wait to see if she takes legal action, then offer a $500 settlement. Your stm that you can't afford it doesn't matter. From a landlord's point of view, the fact that she got the house back, and can therefore rent it to someone else, is the best thing for her. Getting the $2000 from you is secondary.
Re: Tennant legal advise needed....
You'd have a pretty good chance if you can document the things you claim: receipts, photos, witnesses, etc. Otherwise, it's your word against hers. Try contacting Fair Housing of Sonoma County at 579-5033 or go to www.fhosc.org. Good luck!
Quote:
Posted in reply to the post by kevdev:
My landlady is threatening court if I don't pay $2000 in unpaid rent. Half of this is unfair ...
Re: Tennant legal advise needed....
My apologies. Contact info I gave previously was outdated.
Fair Housing of Sonoma County is now located at Petaluma People's Services:
1500 Petaluma Blvd S, Petaluma, CA 94952
Phone:(707) 765-8488
Re: Tennant legal advise needed....
One more thing, re your move-in costs:
California Civil Code Section 1950.5 clearly defines the maximum amount a landlord can collect (in an up front deposit) depending on the type of unit being rented. The maximum amount for an unfurnished unit is twice the monthly rent, while the maximum amount for a furnished unit can be three times the monthly rent. Landlords are allowed to collect 2.5 times the monthly rent for a waterbed. How the landlord designates the deposit amount is up to him. For example the amount could be defined as security deposit and pet deposit or entirely as a security/cleaning deposit. Regardless of how the deposit is labeled, the total of all the money being held by a landlord for future issues is limited to the same maximum.
In this time of a very tight rental market, it really behooves renters to be aware of what rights they do have. (Actually, this is true any time.) And no matter what the issue, you should ALWAYS put ANY dealings with your landlord IN WRITING, giving one copy to him and keeping one for yourself, preferably one with the landlord's signature under a statement that he has received a copy.
Any unresolved issues should be taken to Fair Housing of Sonoma County for resolution.
Quote:
Posted in reply to the post by wisewomn:
My apologies. Contact info I gave previously was outdated.
Fair Housing of Sonoma County is now located at Petaluma People's Services:
1500 Petaluma Blvd S, Petaluma, CA 94952
Phone:(707) 765-8488
Re: Tennant legal advise needed....
Two suggestions:click here for a copy of the "California Landlord Tenant Handbook" which is an excellent guide for both parties to a lease.
Among other things, you will learn whether your former landlord met the requirements concerning notification and return of the security deposit, which will likely control the outcome of your dispute. 2, try mediating before you "go legal."
Re: Tennant legal advise needed....
Call legal aid right away. Just look up the number. They will have you fill out papers, but its good to get the ball rolling.
Quote:
Posted in reply to the post by kevdev:
My landlady is threatening court if I don't pay $2000 in unpaid rent. Half of this is unfair cleaning fees and wear and tear "damage". I can't afford it. I moved out 3 months ago and still don't have enough for a deposit on a new place.
I made improvements, painted, repairs etc. I lived there for 3.5 years. The water heater was faulty and she promised to replace it a number of times but never did. It took up to 10 minutes to get the hot water hot the entire time I was living there! I found her in the property without permission or warning. can she win this?
Re: Tennant legal advise needed....
The following is not criticism of any postings. Rather, I point out that most of them assume a legal fight, rather than a collaborative negotiation.
If the landlord has only made a demand, but not filed a claim in court (likely small claims), find a way to have a conversation about your disagreement. Get an advocate/mediator to assist you. Someone with a perspective on leasing would be best. A consultation, some coaching, or even limited representation shouldn't be too costly.
Often people slide into a kind of ideological split about the landlord-tenant relationship, forgetting that it is...a relationship. Even after we've left the scene. Approaching the matter with dignity and kindness, with an open mind, will not only feel better, it will likely get better results than hitting back. Or worse, preemptively striking.
Starting with an olive branch will not preclude other courses of action later, if an agreement can not be reached peacefully.
