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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.

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Answered in 1 minute by:
12/16/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,939
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.

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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.

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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,939
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 5 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.

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Customer reply replied 5 months ago
Thank You. ***** Estimates were supplied.

Then you are fine.

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Loren
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Category: Real Estate Law
Satisfied Customers: 37,939
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Experience: 30 years of real estate practice experience.

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