Landlord Violated Lease - Do I have a case? (CA) (house, legal)
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If the amount involved is less than $500, just pay it & move on. The cost & hassle of going to small claims for that just is too much of a headache. If i were you I'd threaten her with a negative scathing review on Yelp for being a rotten cheating landlord, and go ahead & post it if she doesn't acquiesce.
The mutual understanding has now been confirmed in writing when she sent all the tenants an e-mail on 4/14/2010 confirming our 4/23/2010 move date: "We are not sure how much additional waste removal and cleanup you were intending to do prior to the 23rd." To me that is a statement from the landlord that comfirms that out 'official' move out date is the 23rd.
The mutual understanding has now been confirmed in writing when she sent all the tenants an e-mail on 4/14/2010 confirming our 4/23/2010 move date: "We are not sure how much additional waste removal and cleanup you were intending to do prior to the 23rd." To me that is a statement from the landlord that comfirms that out 'official' move out date is the 23rd.
That statement by your landlord is open too interpretation by the courts.
In order for you tp prevail in a court of law, you have to prove that the landlord received a written notice to vacate on the date you stated.
With out it, I don't see you getting all of your security back.
Should this wind up in small claims court, the judge is going to want document that back up your claim, and oral testimony.
If neither the landlord nor you can provide such documents, the court must weigh the oral evidence plus any affadavits from witnesses that may be submitted by either party.
It would boil down to who the judge feels is more credible.
The lesson to be learned here is, "Get it in writing".
Bob.
Thank you for you feedback i have sent an official letter to the landlord expressing our concerns and re-iterating our verbal contract regarding the move date and repairs in question. So we can have it in writing (better late then never) exactly what was discussed and the timeline on which everything is and will take place.
Any suggestions on anything else I should not forget to do just in case we end up in court? I took pictures and plan on going there again today to take more photos.
By the way, I just found out we do have the 'move out date' in an email to the landlord. (Email Dated 2/25/2010)
Any suggestions on anything else I should not forget to do just in case we end up in court? I took pictures and plan on going there again today to take more photos.
By the way, I just found out we do have the 'move out date' in an email to the landlord. (Email Dated 2/25/2010)
i have 2 land lord one is trying to getme out. because they are fighting for the house. i owe no rent can he do that. he turn my heat and hot water, and gas off. he also is useing my light what can i do?
If you vacated and had the final walkthrough I can't see how you are going to win this without being able to show that you told the landlord IN WRITING that your final move out date was the 23rd. I think it will be hard to make the case you haven't vacated if no one is living there, and you asked the landlord to do a post-move inspection the judge will likely find the landlord within their rights to begin preparations for future tenants.
We have all vacated but some of our things are still there which would be taken care of on or before the 23rd. We all still have our keys except me. The landlord asked if she could have a copy of the key to show the place. I gave it to her no questions asked.
If you still have your key and you still have things there, then, in my mind, you are still in possession of the property according to your lease. It takes a couple days to get rental units cleaned out, so I usually move most of my stuff a few days before the lease is up, so that everything is empty while I clean.
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