If there is a truly neutral 3rd party that can do a walk through with the landlord at the same time I would say go for it, but only if it really is someone truly neutral like a court appointed mediator or something along those lines. Since your daughter got pics of the place being empty, she should be pretty safe in terms of proving that she moved out.
IMO a letter dated after the eviction paperwork was filed indicating a daily rent amount should be taken as an offer of periodic tenancy. If he truly wanted them gone the letter should have stated so.
Well, the worst case scenario is the roommates will lose the court case and get an eviction on their records which will have consequences for years to come. I don’t see what the landlord gains by proceeding to trial. No one is refusing to pay rent.
Quick question: The notice the landlord was entering the premises to check for abandoment today was taped to the wall by the front door. Is this notice supposed to remain there? I told them to take it and make a copy but don’t know if they should put it back. It is not a court document, just form notice with times and dates hand written in.
My daughter went to put the notice back on the door at 12:00. The landlord and some people were already in the house, even though the notice clearly said 4:00 pm. Will keep you informed when something else happens.
Update: On a whim, roomates checked the county court calendar online and came across a trial date the next day with their name. Apparently landlord proceeded to trial without notifying any of them. The next morning they showed up for the trial and it was then mysteriously dismissed by the landlord.
No word on return of deposit or listing of items deposit went towards paying. I guess roommates will be filing in small claimes court to recoup the $3750.00 deposit.
Could the landlord be facing foreclosure on the property? S/he may be trying to ready it for short sale. That’s not to say any of what has gone on is legal or ethical, but there may be a bit of desperation involved.
Small claims court sounds like the next step. Maybe they’ll be on The Peoples’ Court.
If the landlord is under water and used your daughters security deposit instead of keeping it in a separate bank account than she may be in big trouble. I know in NY security deposits are sacrosanct. If a LL touches it he goes directly to jail without passing go.
As a hijack, I’m fighting over a security deposit and my landlord was going through bankruptcy at the same time. I suspect that this is what happened to my deposit. Hopefully next month I find out.
I don’t want to sound accusatory but are there any aspects of this situation that you haven’t mentioned? Like maybe the roommates have set the kitchen on fire three different times or they’re a rock band that’s been practicing every night or they’re raising chickens in the spare bedroom?
That’ll be worth fighting for. I don’t know the law in CA, but in TX (and most other places I’d assume), landlords have to abide by very strict rules to keep a security deposit. If they do not return either the full amount of the security deposit, or a partial return with an itemized list of deductions for repairs, within 30 days of the tenant vacating the property and providing a forwarding address, the landlord forfeits the right to deduct for property damage, and the tenant is entitled to damages of three times the amount of the entire security deposit, plus a $100 penalty, plus court costs and attorney’s fees.
If the time period has passed and you still don’t have a list and/or check, start with a demand letter rather than filing suit. It looks good that you made a reasonable effort to collect if you eventually have to file suit later on.
Normal wear and tear, by the way, is not something that the landlord can deduct from the deposit; it’s only to cover actual damage. Worn carpet and dingy paint, not deductible; cigarette burns and holes in the wall, deductible.
Followup: it appears that in CA, the period is 21 days rather than 30 (cite). If you can prove “bad faith”, you can recover twice the security deposit. Given your sequence of events and his failure to notify the tenants of the final walkthrough in writing, that shouldn’t be too difficult.
Colorado is 30 or 60 (if specified in the lease) days and 3x if willful. Unlike CA, if it gets to that point it is up to the landlord to prove that the security deposit violation was NOT willful.
I’ve seen a couple of people post this and as a landlord for the other half of the duplex I live in I have to ask. Isn’t the security deposit also there to cover non-payment of rent? If a tenant moves out and doesn’t pay the last months rent the landlord has to return the security deposit?
Note to self: sign up for those landlord training classes.
I believe it depends on the state so YMMV. One state I rented in makes it clear that a security deposit cannot be used for cleaning and so renters typically pay both a security and a cleaning deposit.
