Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

A tenant moved out and left numerous damages to the rental…

A tenant moved out...

A tenant moved out and left numerous damages to the rental home. Does this automatically breach their contract? And are they entitled to any of their Security Deposit. I have photos and estimates. House is in CA.

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

California

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

Everything has been reported to the tenant.

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

They had satellite dishes drilled into the roof and never asked permission. Scratched hardwood floors, changed plumbing in kitchen, left house a mess with an overflown toilet, trash broke a screen door, etc. stole property from the garage. They are demanding all of their security deposit back. If they left the house like this, I read that it is a Breach of Contract.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
12/16/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,315
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Real Estate Law Question

Not only is it a breach of the lease, it is a breach of the California Landlord Tenant Code.

The tenant is required to return the premises in good condition, reasonable wear and tear excepted.

You can sue the tenant for the repair costs, if it exceeds the security deposit. If the claim does not exceed $10k you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,315
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
Thank You. ***** required to show a receipt of all repairs. I showed pictures with Estimates of costs. Damages came to $3200 and the security deposit was $2400. I rented the house before all work could be completed. They were fine with house once it was cleaned and painted.

If deductions have been taken from the security deposit, the landlord is required to provide documents and receipts showing the actual charges that were incurred- materials, labors, cost of hiring someone to do the work, etc.

If the work has not yet been completed, the landlord is required to deduct a good faith estimate as to the cost of the work.

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
Thank You. ***** Estimates were supplied.

Then you are fine.

Ask Your Own Real Estate Law Question
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,315
36,315 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Landlord kept the security deposit of the Tenant and took
Landlord kept the security deposit of the Tenant and took off. Tenant filed suit. Complaint was filed. Defendant will answer tomorrow to the complaint. When does discovery begin? when can interrog/pro… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If you cancel a real estate purchase contract before
If you cancel a real estate purchase contract before settlement, even if you have no contingency can you be sued for additional funds other than the your the money you gave after the contract signing.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
A lawyer was recommended by the real estate agent and hired
a lawyer was recommended by the real estate agent and hired by the sellers. Three days before closing the deal fell apart. a new agent is now involved. He would like a lawyer of his recommendation to … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
I have a question for terminating commercial real estate as
Hi - I have a question for terminating commercial real estate as a tenant in Manhattan, NY. … read more
Loren
Loren
Lawyer
36,315 satisfied customers
I haven't received my security deposit back from my
I haven't received my security deposit back from my landlord. he refused me a final walk thru or has sent me any bill for damages. Its been 7 months now. Do i have a recourse? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,671 satisfied customers
Can a licensed attorney receive a portion of the real estate
Can a licensed attorney receive a portion of the real estate commission if he represents his client in the purchase of a home? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Florida Real estate question. If two parties are joint
Florida Real estate question. If two parties are joint owners each having sole survivorship, how is distribution of funds handled at settlement? Is regardless of who has more or less into the home or … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a question regarding a security deposit on a FL
Hello! I have a question regarding a security deposit on a FL vacation rental. Can you help with that? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I have a question regarding real estate damaged by a
I have a question regarding real estate damaged by a hurricane that the insurance company refuses to pay for repair. It's a water front condo in Florida.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is for a lawyer specializing in Consumer /Real Estate
This is for a lawyer specializing in Consumer /Real Estate law. I lost my job due to a disaster (hurricane), that destroyed my workplace. I would like know my rights and options before talking to the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal to advertise real estate listing showing a
Good morning. Is it legal to advertise real estate listing showing a manufactured home the number of beds and baths, square footage, and property size, then when a price has been agreed on, the title … read more
Loren
Loren
Lawyer
36,315 satisfied customers
If it is determined that plumbing blockage or contruction
If it is determined that plumbing blockage or contruction required in common supply pipes according to camera inspection by private plumbing contractor inspection. who pays … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
I rented my house, took a $1900 security deposit equal to 1
I rented my house, took a $1900 security deposit equal to 1 months rent. When the tenants vacated there was 4950 worth of damage to my house. I sent them an itemized breakdown of the cost to repair wi… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,050 satisfied customers
How does the statute of limitations on real estate property
How long does the statute of limitations on real estate property tax in Kentucky remain in effect? I inherited property from my parents who inheritied property from my uncle who purchased the property… read more
Phillips Esq.
Phillips Esq.
MBA
18,631 satisfied customers
Got disconnected... In re: to my real estate questions, is
Got disconnected... In re: to my real estate questions, is this attorney a Texas attorney? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,344 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,117 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x