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Hello, I am looking...

Hello, I am looking for lawyer advice regarding our tenant

Lawyer's Assistant: Just to clarify, where is the property located? These laws can vary based on state.

California

Lawyer's Assistant: So you've raised the issue with them. What have you heard from them since, if anything?

We are going through a capital management and they are saying we need to give them all their deposit. There was some water damage over the winter, which was fixed and the capital mgmt company made us order a mold test and the levels were within range. We even have a letter from the mold guy saying it was not something to be worried about . But the property management company called the tenants, freaked them out and said our house was inhabitable. The tenants didn't pay the full amount for a month, left our house a mess and broke the lease because they had 5 cats. We paid for cleaning and the management company made us let them leave out of their year lease and is now saying we shouldn't push on taking any of their deposit otherwise they could take us to court and they would most likely win.

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

That's all in a nutshell

Submitted: 18 days ago.Category: Landlord-Tenant

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Answered in 1 minute by:

5/22/2023

Lawyer: Legal Eagle, Lawyer replied 18 days ago

Legal Eagle, Lawyer

Category: Landlord-Tenant

Satisfied Customers: 90,774

Experience: Licensed to practice before state and federal court

Verified

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

Sadly, this website says I cannot represent customers, but I can certainly answer the questions you have!

With that said....

Was the mold dangerous at all?

Customer reply replied 18 days ago

I can send you the results. Do you mind if I include my husband in this text?

Lawyer: Legal Eagle, Lawyer replied 18 days ago

Sure! Yes, you can include him.

Have the tenants just left the property at all?

Customer reply replied 18 days ago

Michael, I just added my husband, Samson to this chat as well. Are you getting this?

Lawyer: Legal Eagle, Lawyer replied 18 days ago

Yup!

Customer reply replied 18 days ago

Are you seeing my other text message? I just want to make sure my husband can chime in if he would like

Lawyer: Legal Eagle, Lawyer replied 18 days ago

So I only saw this one:

Michael, I just added my husband, Samson to this chat as well. Are you getting this?

And this one:

Are you seeing my other text message? I just want to make sure my husband can chime in if he would like

Completed

Customer reply replied 18 days ago

You had asked if the tenants were moved out and yes they are.Also it might be easier to talk on the phone. Would you be available to chat on the phone around 5pm?

Lawyer: Legal Eagle, Lawyer replied 18 days ago

Sure! So if you are on a mobile device, you may have to go to the justanswer.com website or application, and you can request the phone call there. If you're on a desktop computer or on the site itself, you can look off to the side and look at the "call me" button and click it.

Customer reply replied 18 days ago

Ok will do!

Lawyer: Legal Eagle, Lawyer replied 18 days ago

Thanks!

Lawyer: Daniel Luneau,

replied 16 days ago

Category: Landlord-Tenant

Satisfied Customers: 8,922

Experience: Trial Attorney at Fife Luneau, P.C.

Verified

Hello! Thanks for using JustAnswer. My name is***** am a lawyer with over 10 years of experience, and I am ready to provide you with top-quality service. I will devote as much time as is needed to answer your question and make sure you have a positive experience.

If it’s alright with you, could I have the pleasure of knowing with whom I am speaking with today?

I want to make sure I understand the question correctly. Are you asking if the tenants could potentially sue you?

Customer reply replied 16 days ago

Hi Danny, Here's the info.We were going through a capital management company and they are saying we need to give the tenants back all their deposit. There was some water damage over the winter, which was fixed and the capital mgmt company made us order a mold test and the levels were within range. Even the mold
Test company said it was not something to be worried about . But the property management company called the tenants, freaked them out and said our house was inhabitable. The tenants didn't pay the full amount for a month, left our house a mess and broke the lease because they had 5 cats. We paid for cleaning and the management company made us let them leave out of their year lease and is now saying we shouldn't push on taking any of their deposit otherwise they could take us to court and they would most likely win.

Lawyer: Daniel Luneau,

replied 16 days ago

Thank you for this information. Please allow me a moment to review this and provide an answer.

Customer reply replied 16 days ago

I can also email the lab results

Lawyer: Daniel Luneau,

replied 16 days ago

So if you voluntarily let them out of the lease, and they did not damage the unit, I do not see a basis to keep the security deposit. Also, if the property management company said the property was uninhabitable that would be used against you. Just because there was not a large amount of mold, does not mean it was not habitable according to local code. But if this managed company was negligent, and breached the agreement with you, there might be a potential basis to sue them.

I suggest you meet with a local attorney if you are interested in that. You can also have the lawyer review any documentation or communications the management company sent just to make sure there is nothing that allows you to keep the deposit. I am limited to general infomraiton so I have provided you my general thoughts on the matter. I am sorry that happened to you. Sounds like there was a potential overreaction by the management company.

Does that make sense? Did I fully answer your question. If not, please let me know so I can continue to assist you and ensure you have a positive experience.

Customer reply replied 16 days ago

Are you saying we shouldn't be reimbursed for the cleaning we had to do for the house this also included carpet cleaning. It smelled like pee, they left trash in the backyard. They didn't even attempt to clean anything. They just left. They had 5 cats which was not part of their lease. They said they only had dogs and paid the pet deposit only for their 2 dogs. The dogs dirtied the back of the house from jumping on the house. And they also cut down one of our fruit trees.I was a renter and our renter took some money out of our deposit for cleaning.When we found out they had 5 cats the management company did nothing to address it even after asking them to.

Lawyer: Daniel Luneau,

replied 16 days ago

So if there was damage, normally a tenant is responsible for the damage they cause. I cannot say as to your specific case, but speaking generally, if there was some type of flood, it might be hard to prove damage was not caused by that. Also, letting them out of the lease voluntarily and the management company saying the property unlivable is very problematic. But again, I cannot say with legal certainly that is the case since I have not reviewed the case and we are limited to general information.

I am also happy to do a phone call with you, if you would like. There should be an option on your screen for the call.

Customer reply replied 16 days ago

All I have is a general phone number to call not specifically to you
(###) ###-####

Lawyer: Daniel Luneau,

replied 16 days ago

So you may need to login to your JustAnswer account to see the phone call request option. It may be under premium service.

Lawyer: Daniel Luneau,

replied 16 days ago

Did you have any other questions that I can answer regarding this issue?

Lawyer: Daniel Luneau,

replied 16 days ago

My goal is to provide you with excellent service. So, at any point if you want to go through this further, I am happy to continue to assist you.

Thank you again for trusting JustAnswer with your question.

Customer reply replied 16 days ago

I think we are ok for now. I sent your responses to my husband

Lawyer: Daniel Luneau,

replied 16 days ago

Okay, sounds good!

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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.

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