how to defend the landlord in California small claim court

Question

Hi,

Need your help for a small claim case in California.

A tenant moved out of my rental property recently. There are a lot of damages, property was very dirty. I sent her the move out statement which showing she owes money to us for the necessary repair and cleaning cost. She mailed a certified letter to request 100% deposit refund. We were unable to make a agreement with her. Then she sued me $1200 security deposit plus $2000 punitive damages in California Small Claim court.

We did not have experience on small claim. Please advise how should we prepare and defend us for this case.

Thanks in advance for your advice from any experienced landlord.

Daniel

Kathy Johnson · Answer

Have copies of everything (receipts, photos of the damages, move-in checklist, rental agreement/lease, communications with the tenant) and be prepared to answer the judges questions.  Don't interrupt when the tenant is testifying.  Make notes of points you want to address when it is your turn to speak.  Stick to the issues, but don't evade the judges questions or argue with the judge.  Go sit in on the court a few times to watch before your court date so you can see how things work.

Greg M. · Answer

File a countersuit against her for the difference in damages over that  of the security deposit. You will weaken your position if it looks like  you're just willing to write off the extra cost. Why would a business  person do this? Maybe you're just a greedy landlord looking to keep the  security deposit? Countersuing will help hit home to the judge that  significant damage to the unit was done.

Bring in lots of pictures of the damage and dirt. You don't need to describe it to the judge and hope they understand how bad it was, you can show it them.

Judges are clueless about costs to repair things. Have your repair costs clearly laid out for what each thing cost to repair. You don't want the judge saying the stain on the carpet isn't that bad and knocking off $500 when you were only seeking $25 for the cleaning of it. Anything that needed to be replaced, you need to know how old it was as they will take that into consideration of the allowable damages.

Be prepared for the judge to be one of the dumbest people to ever walk  the face of the earth. Don't be surprised if they are clueless of the  law. In my experience the worst are Pro Tem judges. They are clueless  and arrogant lawyers without enough paying clients to fill their day. If  offered to you, you do not need to accept one. They will reschedule you  for a time a real judge is available. And if you lose, you can always appeal and get a brand new trial.

Also, contact Section 8 and let them know of the damage she did. Send them   pictures and copies of the repair bills. Supposedly S8 recipients who   damage places can be removed from the program. Worst case, nothing   happens. Best case, she loses her voucher.

J Torres · Answer

@Daniel Liu Just a thought. For my section 8 rentals the inspector that comes before the tenants can take occupancy takes an overwhelming amount of pictures of literally everything in the home. Possibly see if their case worker has access to these if they still exist in a file somewhere. Personally I'd see a lawyer or company that specializes in this aspect. Might cost a bit but better than losing and paying the over $3K.  I also do a video walk through as I enter the vacated property highlighting everything in case the prior tenant want to contest how they left the home when they left.

For my tenants we make sure we walk the property with them before we give them the keys and have then and a witness date and sign the checklist to prevent this from happening. I also send them a copy of the signed paperwork certified and emailed if possible. Then if they vacate in the future I'd send them details on the condition to leave the property and another copy of the signed checklist which I'd try to arrange a time to re-walk the property have them sign again and get all the keys & garage openers. Obviously things sometimes do not go to plan and many of the times the tenants just leave but I do my due diligence in case I ever have to go to court.

Daniel Liu · Answer

Hi, Rob,

I send the letter of itemized deductions within 21 days after tenant moved out.

Thanks for checking.

Daniel Liu · Answer

Thanks for all of your advice. Since this is a small claim, there is no lawyer involved for us and for her.

It seems a difficult case to fight against section 8 tenants.

Thomas S. · Answer

You need to determine the normal life expectancy of anything you have charged your tenant to replace or repair.

You heard correct regarding paint and carpet. In 6 years it is normal wear and tear. You will not likely be entitled to anything from a judge for either. Post on here everything you charged her for and we will advise if it is damage or wear and tear.

If you have not done regular inspections and billed the tennat for repairs as the tenancy progressed it is very likely that after 6 years everything may be chalked up to normal wear and tear. You may want to reconsider charging her unless there was very obvious tenant caused destructive damage. If you decide to refund her deposit have your lawyer send it to her lawyer for you to protect yourself in the event she is still stupid enough to proceed to court for the BS punitive damages.

In the future I would advise against S8 tenants, likelyhood is she is getting free welfare legal aid which means she has nothing to lose.

Rob D. · Answer

Before I go give any advice

First question

How many calendar days after her last day of possession/move out did you send the letter of itemized deductions ?

Raul Cesar cortes · Answer

@daniel i hate to admit this i always negotiate cash for keys or return a portion of deposit even if unit is trashed. in my experience not worth my time doing an eviction loss rent loss time and head ache. Check if there is a local landlord tenant mediator in your town. i have had good luck with that process

Daniel Liu · Answer

Hi, Greg,

Thanks for your advice. Your suggestion makes a lot sense. I have all the evidence for the damage cost, however I wasn't sure about painting and carpet replacement cost. The wall paint was very dirty so I charged tenant 50% of re-painting cost. The carpet was dirty and had dog smell. Tenant had a dog that was not allowed per lease agreement so I charged her 50% cost. I read from internet that I shouldn't charge for paint and carpet because tenant lived there for 6 years.  I'm worried about those two item if I counter suit her. Please advice.

Bryan Zuetel · Answer

@Daniel Liu, yes, it can be useful to bring a couple witness reports, but don't expect much face time or consideration by the judge.  Yes, if you have a claim against the tenant (additional unpaid rent, unreasonable damage), you should file the defendant claim.  In small claims court, you will not be permitted to have an attorney represent you.  Usually (and unfortunately in California), you would do better to just return the security deposit if the tenant will agree to a settlement.

how to defend the landlord in California small claim court

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