How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 118689
Experience:  Attorney with over 24 years experience.
10285032
Type Your Landlord-Tenant Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I rented my house out and we didn't do a pre move in

This answer was rated:

I rented my house out and we didn't do a pre move in inspection. I have pictures of the house prior to move in. They had a $500 pet deposit and when we did our walk through they just cleaned the carpets and they were still wet. A couple days later the carpet dried and started smelling like dog pee everywhere. I got a black light and there are pee spots everywhere on the carpet. There are also misc items such as they unplugged my timer for my sprinklers and killed the grass to dirt, killed some palm trees, drilled holes in stucco, changed my locks on door to exterior and never changed them back etc. I sent them a certified letter prior to 21 days that had a list of repairs including replacing carpet ( I pro rated the carpet due to age and warranty on carpet, stucco patch, change locks, replace palm trees, didn't even put the replacement of sod on the list, the amount of repairs was over the deposit amount. They are now trying to sue me stating that they did not receive their deposit within the 21 day period and suing for 3 times the deposit. I have over 100 pictures of before and after. Do you think I will have a problem winning this case? They had a deposit of $3400 plus $500 pet deposit.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: we are located in California
JA: Has anything been filed or reported?
Customer: They filed a suit for small claims court
JA: Anything else you want the lawyer to know before I connect you?
Customer: should I counter sue

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Customer: replied 28 days ago.
Thank you

IF you have pictures and then found the dog urine after the inspection when the carpet dried and all of these issues, you can seek to hold them liable for damages caused that you can prove happened under their tenancy. If you sent them the proper notice within 21 days regarding damages and costs, they can dispute those costs, but they would not be entitled to triple damages if you gave proper notice and have a proper list of damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 28 days ago.
On their Suit they have the incorrect date for the 21 days and they don't talk about the itemized list of damages in their suit. They only have stated that the deposit wasn't returned within the 21 days and added the 3 times rent. Cost for damages are more than their rental deposit should I counter ship for the additional $?

Thank you for your reply.

You would answer the suit and state the days are incorrect. Also, you can indeed and should countersue for the additional damages that you sustained that were their fault

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq. and other Landlord-Tenant Specialists are ready to help you