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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116711
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I'm helping my friend with a civil matter landlord vs

Customer Question

Hi I'm helping my friend with a civil matter landlord vs tenant. My friend (tenant) rented a house for 4 years with no rental agreement of any kind. I helped her clean when she moved out but landlord refused to return security deposit, claiming the yard was not well maintained. We went to small claims and won. Landlord has filed an appeal which has not gone to court yet. Friend filed a report with the county for perjury because landlord presented photos of the yard in court that they claimed were taken at the time of move-in and move-out which is false (I took actual correct photos myself). A report was made today and will be forwarded to the district attorney for review. The supposed ?move-out" photos were illegally obtained because the landlord did an initial inspection without the tenant's permission or request and in her absence. The landlord entered the house and the backyard and took the photos a week prior to move-out before anything had been cleaned. She based her decision to keep the security deposit based on what the condition of the house/yard one week prior to m ove-out. The deposit was used to repair the sprinkler system what was already broken prior to move-in, and re-sod the yard during an epic drought with mandated water rationing. Save a somewhat parched lawn, the property was immaculate on move-out day (FAR cleaner than at time of move-in! The previous tenant confirmed that no move-out inspection was done when they vacated the house). Also no move-in inspection was done when my friend moved in. Thanks for your input!
JA: Thanks. Can you give me any more details about your issue?
Customer: That's all the information I have, please advise what specifically I can clarify, thanks.
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The DA has the sole discretion as to whether or not to charge perjury. If you have proof of photographs and you have your testimony as to when you took them, then it is up to the DA to decide whether to charge the landlord OR to tell you to go to the court to file a motion for sanctions against the landlord in court on your appeal for them filing false documents and making false testimony to the court and let the court fine them for those false statements. Those are actually your two options for recourse when someone files a false claim.

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