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

I rented my house...

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.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We are located in California

Lawyer's Assistant: Has anything been filed or reported?

They filed a suit for small claims court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Should I counter sue

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Answered in 4 minutes by:
9/21/2017
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,858
Experience: Attorney with over 24 years experience.
Verified

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

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Customer reply replied 10 months 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months 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.
Category: Landlord-Tenant
Satisfied Customers: 125,858
Experience: Attorney with over 24 years experience.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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