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Crazy landlord is giving it to me raw!

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thaddeus333

Junior Member
What is the name of your state? Ca.

We recently moved out of a condo in SoCal. While living in the condo. the owner hired a company to come in an replace the dishwasher, while there the company's man broke the pipe off and flooded the house. The landlord had said it was there fault and that I would not be charged for the damages. Once we moved out it became a different story, she has handed us over to a lawyer and he wrote us today(30 days after we moved out of the condo), saying that damages casued by us are being repaired and that the landlord will send any money that is left from our deposit if there is any left after the damages. She has told us that she is having extensive work done because of the damages we caused, yet therer were renters in it withi n 2 weeks after we moved out. Also what about the horrible mold that had grown in the floor and walls while we lived there, should they not have fixed that first, is there someone whom we can alert, for the safety of those who did move in. She accusing us of pre existing damages, yet did not have me fill out a landlord/tenant move in condition check list, does she have any right to do what she is doing? Is my onlu option Small Claims? Does she have any power with out the signed move in checklist? Is there a 21 day paypack period on my deposit? Can anyone help, please?
 
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Mellie2019

Junior Member
Research...

You can go to the California Consumer Affairs website and find information on Landlord/Tenant laws. Start there to educate yourself. It is not up to the landlord to to the move-in checklist... It is up to you.

The security deposit and/or statement of deductions along with copies of receipts for the repairs/cleaning with name, address and telephone number of who did the work, BY LAW must be returned to you within 21 days of your move-out date. You need to send a Demand for Return of Deposit letter. Click on the link above for Legal Forms for an example or go to here...http://www.courtinfo.ca.gov/selfhelp/smallclaims/secdepletter.htm
Unless your LL willing gives you the money, small claims is your only option.

Do you know the name of the company that installed the DW and broke the pipe? You will need that for proving the damage was caused by others. There is an invoice for that and they should have a statement for the pipe repair and damage they caused on it. It is going to be a lot of leg work but you can fight. I'm doing it right now.
 

BelizeBreeze

Senior Member
What is the name of your state? Ca.

We recently moved out of a condo in SoCal. While living in the condo. the owner hired a company to come in an replace the dishwasher, while there the company's man broke the pipe off and flooded the house. The landlord had said it was there fault and that I would not be charged for the damages. Once we moved out it became a different story, she has handed us over to a lawyer and he wrote us today(30 days after we moved out of the condo), saying that damages casued by us are being repaired and that the landlord will send any money that is left from our deposit if there is any left after the damages. She has told us that she is having extensive work done because of the damages we caused, yet therer were renters in it withi n 2 weeks after we moved out. Also what about the horrible mold that had grown in the floor and walls while we lived there, should they not have fixed that first, is there someone whom we can alert, for the safety of those who did move in. She accusing us of pre existing damages, yet did not have me fill out a landlord/tenant move in condition check list, does she have any right to do what she is doing? Is my onlu option Small Claims? Does she have any power with out the signed move in checklist? Is there a 21 day paypack period on my deposit? Can anyone help, please?

Did you do a walk-through with the landlord within two weeks of your moving out? And if so, did you sign (and they sign) the list? If not, did the landlord advise you of the walk-through?
 

thaddeus333

Junior Member
So what now?

No she didn't do a walk thru 2 weeks prior to us moving out of our place and since she never did a walk thru, we never signed any papers. What rights do we have now? Does that change anything? Or, is the only way that we can alleviate the problem is to take her to small claims court? The crappy thing about small claims is that oh its great they can rule in your favor, but the landlord can just choose not to pay you. Then it goes to collections and nothing ever gets really resolved. Any advice for that?
 

Mellie2019

Junior Member
Read and Learn

Go to the Calif. Consumer Affairs website, there are landlord/tenant links, small claims links etc. Under the small claims there is a book in PDF that tells you how to prepare for court and how to collect judgement if payment is not made. http://www.dca.ca.gov/legal/small_claims/court.htm At the bottom of the page, download the PDF.

Personally, I want the Sherriff to go to my ex-landlord current tenants and collect the rent to be given to me. That would be the ultimate satisfaction for all the stress, drama and heartche he has caused me. Not to mention the money he has failed to return.
 

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