All Forum Posts by: Misha Gounder

@Larry Dibble Nope nothing when they were there for 2 years. 

Thanks

@Bruce Woodruff

So I called these hostile tenants as a final attempt to settle and close this. Instead they told me because I didnt offer them "pre move out inspection in California" any judge will rule in their favor. I reminded them that I had to follow up with them many times
for a move out inspection, and they rescheduled it to the last minute. During the inspection, I pointed to hardwood floor scratches and they told me it's normal wear and tear! I ran this with 5 flooring companies, and all of them said their furniture had scratched the hardwood floors while moving out. I have before and after photos from the move-in and move-out inspections.

Yet them seemed holding on to this point of me violating California civil code 1950.5

Has anyone had a similar experience?

Yes it seems so @Bhekizwe M.! On top of that, they complained to the city for code violation after they moved out! 

Yes @Bruce Woodruff

Thanks @Kelsey Bailey for the response. When I showed the hardwood floor scratches to 8-10 flooring companies, they said this is NOT normal wear and tear. The hardwood floors last 2-3 times than ordinary carpet etc, and the scratches have to be treated/repaired. I did not replace any floors but got the scratches treated. Hope that clarifies!

Hi the floors were new hardwood floors and there were scratches left behind possibly by moving furniture improperly. That’s why multiple flooring guys said it’s not normal wear and tear. I have photos prior of move in and move out

@Jonathan R McLaughlin yes this attorney specializes in tenant landlord cases. When I asked about next steps, he said that if I wanted to retain him I should meet with him as soon as possible with a complete file of the case and my checkbook. His fees will be $3000 - 10,000 depending on how much back-and-forth with the tenants. Also told me to reschedule the city inspection right away

I’m planning to call at least two more attorneys on Tuesday morning for some perspective, before taking any next steps.

Thanks guys for the responses! These ex tenants lived for about 2 years, and there were no violations filed during that time. They moved out March 31, and filed a small claims case Jun 14th. They also complained to the city on Jun 14 that the interior of the home was not built to code. @Henry 

@Henry T. @Drew Sygit what do you think about counter suing them? I did not deduct for loss of 1 week's rent, moving furniture back, and cleaning after the floors were repaired as I was told by an attorney that these charges cannot be deducted from security deposit. What if someone let their current landlord know they have troublemaker tenants with a history? 

Hey guys, thanks for the responses. I spoke with an attorney who kind of scared me. He said I was good with the small claims court documentation but when he heard that the tenants had complained to the city about the home not being up to code, he said that these tenants are out to get you and claim two years of back rent  if the city finds any code violation. It seems that the new laws in California since 2020 are extremely tenant friendly that they view the landlord as a suspect. He advised me to hire an attorney to settle with these tenants out of court. He also said if I were you I would get out of the residential landlord business in California, and do a 1031 exchange for a commercial property OR hire a property management company right away so that any future tenant communications are through the company 

does anybody have a referral for a good landlord lawyer in San Francisco area? I am a bit disappointed that in spite of doing everything by the book, the laws may be stacked against me!