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 Attorney 1 Your Own Question
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2601
Experience:  Knowledgable and Experienced Attorney
16911602
Type Your Real Estate Law Question Here...
Attorney 1 is online now
A new question is answered every 9 seconds

I actually asked my question and entered the credit card

Customer Question

i actually asked my question and entered the credit card information but i get an error reply - tried to call the customer service number and got an answer machine - i was hoping to get my answer today
JA: What state is this in? And when did the issue begin?
Customer: california
JA: Has any paperwork been filed?
Customer: ?
JA: What confuses you?
Customer: i cannot get my credit card information to go thru
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: i am not sure what are you saying
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Real Estate Law
Customer: replied 4 months ago.
this is not my question - i am looking for an real estate attorney
Expert:  Attorney 1 replied 4 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

What can I do for you tonight?

-- Attorney 1

Customer: replied 4 months ago.
i have a home in california which has been rented to a young family - the house was built in 1950 - it has very poor insulation and not exterior drainage - so with the raining season tenants started to complain about the mold in bedroom closets - and the ceiling in living room - there is not leak coming from the roof - i called mold professional who suggested that i added a fan on the bathroom - i installed the bathroom fan - but they decided to move anyway
Today was their last day in the house, i was there for the walk thru - they showed me a box f shoes that had mold and wanted me to pay for them - they also said they had to trow away a rug because of the mold - they wanted me to also write a check for the full amount of the deposit by tomorrow otherwise they will take me to court - i am afraid to pay for
Expert:  Attorney 1 replied 4 months ago.

It doesn't look like all of your question came through to me. Please take a look at the post, above, and see if it's complete. Then I will be happy to prepare your response.

Thank you.

Customer: replied 4 months ago.
California law states that i have 21 days - i could write them a check for the full security deposit amount but was concerned because i never had someone that asked me for the security deposit back with such urgency and decided to contact just answers for advice
Customer: replied 4 months ago.
what i mean is, if i write them a security deposit check by tomorrow, can they do something to me if I wait longer?
Customer: replied 4 months ago.
I am sorry ... i am afraid i am not being eloquent here... i am afraid of what I might be liable/penalized as a landlord
Customer: replied 4 months ago.
15 June 2017 11:25
i have a home in california which has been rented to a young family - the house was built in 1950 - it has very poor insulation and not exterior drainage - so with the raining season tenants started to complain about the mold in bedroom closets - and the ceiling in living room - there is not leak coming from the roof - i called mold professional who suggested that i added a fan on the bathroom - i installed the bathroom fan - but they decided to move anyway
Today was their last day in the house, i was there for the walk thru - they showed me a box f shoes that had mold and wanted me to pay for them - they also said they had to trow away a rug because of the mold - they wanted me to also write a check for the full amount of the deposit by tomorrow otherwise they will take me to court - i was afraid of their behavior during the walk thru - they seemed very angry - and demanded that i wrote a check on that instant - i decided to hold until tomorrow because i didn't know if there would be any legal implications if i wrote the security check to them right away...i wanted to contact an attorney to see what should i be prepared for... based on what i said, would you have any advise to me?
Expert:  Attorney 1 replied 4 months ago.

Got it. Thank you for the additional information.

You do have 21 days to return the security deposit, and you might be responsible for the damage the mold caused IF you were aware of a problem (i.e., tenants notified you) and you failed to remedy the problem within a reasonable amount of time, and if the tenants had no reason to know that storing the shoes in the closet would result in damage until the damage was done.

If it's possible to ascertain the amount of the deposit sooner, rather than later, it may keep it difficult situation from getting worse. It would be a good idea to get the former tenants to sign off on any claims against you when the security deposit is returned, but you cannot withhold the deposit. In any event a box of shoes does not seem worth it for even a small claims lawsuit. The key here is to avoid a potential habitability lawsuit.

The former tenants cannot do anything to you if you wait to return the deposit as long as the accounting and deposit are handled before the deadline. As mentioned, you just don't want this to turn into a habitability case.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1