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Tina, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33167
Experience:  17 years legal experience including landlord/tenant law.
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Recentlly after 11 months of rental of his condo, my landlord

Customer Question

Recentlly after 11 months of rental of his condo, my landlord has been harassing me so I reread my Rental agreement. It was obvious that my signature had been forged along with my initials. I believe it originated at the property management company. Can I file a lawsuit?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Tina replied 2 years ago.
Hello and welcome, Cynthia. My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:What do you wish to achieve by pursuing legal action against the landlord/management company? What type of harassment is involved? In which state do you reside?I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 2 years ago.
Hi Tina,I am moving next month and I am distressed that he will keep my $1000.00 security deposit as he has already asked the property management company to call me and arrange a "pre-move out" inspection" which by the contract is specified as a renter option only. The Landlord in one of his multiple emails stated that "I stopped by to fix the fence (which he didn't do) and stated since I did not answer the door he went into my garage9"to see if my car was there " (and where I store my personal belonging) I think you need to put all of your belongings in the cabinets. You can't live that way around here" Now honestly, I am a wonderful housekeeper, however my lease expires in one month and I only have boxes and extra chairs and the like one layer around there perimeter...because I am packing. He stopped by one week later again and said..."your plants look you want me to look at your sprinkler system . I stated "no" and he almost ran to his car and sped away. I think thus the pre-move look around idea to get a look at the garage. Why, I do not know. This Man has accused me on being late with my rent three times and demanded a $85 late fee (they were erroneous). It was in his mailbox or the mail person had delivered to wrong house. The last time the rent which was on autopay from the bank was delayed due to Easter holiday but he called on day 4 which was Easter day. I tried to find his house to deliver a duplicate check, however we live in a forested area and I was unable to find it so I e-mailed him and called him and he delayed response until it was late..the next day. I was a whole hour late to Easter dinner and owed him $85. He continues with demands such as I need to rake up all the pine needles and trim the trees even though I just had a kidney transplant 4 months ago and live alone. I did it though with a smile. What I did not do is pay his $85 late fee as the choice financially was my medication or this silliness. I chose my medications. He writes me monthly to insist I hurry up and pay the water bill, which has never incurred any late fees nor have I ever previously been late with my rent. Is the situation more clear? I live in California. Also it is really going to be difficult to move so close to the transplant in my recovery and also I will need to pay for assistance with funds which are taxed due to recent medical bills and anti-rejection medications which preserve this valuable kidney donated by my son. Help?!! and thanks...Cynthia
Expert:  Tina replied 2 years ago.
Hello again Cynthia.I'm sorry you are experiencing so much distress at the hands of the landlord. It sounds as though the landlord has entered your rental property without permission, which would typically constitute a trespass, and otherwise engaged in harassing conduct. At this point, I would document the incidents in chronological order and certainly not hesitate to call the police if he enters again without notice or your permission. I would normally comply with the move-out inspection though, since that can work to protect you against false allegations later on as well.With regard to the security deposit, CA law is strict on this issue and allows you to sue the landlord for up to 3 times your security deposit in small claims court if he does not refund it within 21 days of move-out or provide receipts and an itemized statement of any repairs he made that you caused (beyond normal wear and tear). So having a move-out inspection sheet can help prevent him from making erroneous charges against your deposit.I would not typically pursue legal action at this point, but certainly if he wrongfully withholds your deposit, that would provide a legitimate grounds to pursue damages against the owner.I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!Tina