Should I sue my brother's landlord?

This is a discussion on Should I sue my brother's landlord? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; CA My brother signed a month to month lease, paid the first and last month + security deposit and an ...

View Poll Results: should I sue?

should I get rent back? 2 100.00%
Was I in the wrong? 0 0%
Voters: 2. You may not vote on this poll

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Nov 26th, 2008, 04:46 PM   #1
Junior Member
 

desertflower's Avatar
 
Join Date: Nov 2008
Posts: 1

Default Should I sue my brother's landlord?

CA My brother signed a month to month lease, paid the first and last month + security deposit and an additional four months. He told her that he wanted to change the locks and she said fine as long as she had a copy. My brother put me down as a referance. The land lord started calling me and harrasing me because my brother didn't call her back right away. Three months later my brother goes to jail, he signs over Power of Attorney to me. I waited it out to contact the landlord of the situation in case my brother didn't have to do long time. He did and I consulted a friend to see if I had to let the landlord know that he was in jail. They said "no, because the rent was paid and I have P.O.A." I than Gave the landlord proper thirty days notice through certified mail before the fifth month of occupancy and faxed a copy of P.O.A. We both agreed on a day to meet up and do a walk though and four days before meeting landlord called and left a message that she did not have to deal with me and to have somebody else there to meet her. I showed up and she refused to do a proper walk through with me. Complained about the locks and said that the $4OO security was going towards new locks. I told her to make sure she sent me itemized reciepts towards that. Than I brought up the ones months refund that I mentioned in the thrity days notice and she said I was not getting that back either. She doesn't have to deal with me or give me money. To my understanding she was suppose to have last months rent with her and handed over. Should I take her to court now for the ones month rent?1) She does have to deal with me due to Power of Attorney? 2)Did I have to tell her that my brother is in jail? 3) Is my brother intitled to his one months refund the day of the walk through? I dont know much on the law when it comes to the locks, was my brother in the wrong to do that? Should I wait and see if she sends a refund than take her to court for the rent, security and harassing messages?
PLEASE HELP WHAT SHOULD I DO?
desertflower is offline   Reply With Quote
Old Dec 2nd, 2008, 10:13 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Should I sue my brother's landlord?

I'm confused. A month to month LEASE??? No such animal. Do you mean a month to month AGREEMENT or a term LEASE? They are not the same. Assuming you mean a m2m agreement, you should not have paid for the last month of the notice period. You send notice without rent payment when the last month is pre-paid. In this case, it looks as if the rent had been pre-paid too far in advance (6 months worth).

Was the POA notarized properly? Recorded legally in tis manner? If so, the LL does have to deal with you. Your atorney may have to send her notice of such. The pre-paid rent needs to be refunded promptly if it was a month to month agreement. Not so if it was a term lease. A lease can't be broken without penalty (rent until it is re-rented.)

When proper notice was submitted to her, she should have offered a PMI. Did she? Did you request one? Unless state law requires that she walk through for the final inspection, she doesn't need to with you or the tenant. She does have to submit an itemized statement of all deductions from the deposit to your brother (c/o you if the POA is legal) within 21 days and include receipts for any deductions over $125.

You need not inform her that your brother is in jail unless the crime was committed on her property, or he is now a registered sex offender. You might want to read through his agreement for specifics on your responsibility to do this. There may be a clause to divulge any arrests. But generally, no you don;t have to tell her. For all she knows, your brother could have been seriously injured.

If your brother never gave her a copy of the new keys to the unit, you will have to pay for new locks or a locksmith to get her into the unit. State laws require that the LL have keys in case of emergency.

I would wait the 21 days and see what statement she sends you. Perhaps you will be surprised and she will return the money. If she doesn't, file in small claims court against her.
  Reply With Quote
Reply

Bookmark & Share

This thread has 1 reply and has been viewed 282 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Landlord is threatening to sue for unpaid rent aer1984 Landlord vs Tenant Issues 5 Jun 9th, 2009 10:08 AM
Can I sue landlord for allowing illegal search Unregistered Arrests, Searches, Seizures 0 Apr 17th, 2009 04:11 PM
My vehcile was stolen... Can i sue my landlord for negligence? gwmaddox Small Claims Courts 11 Mar 9th, 2009 10:23 AM
Landlord wanting to sue silverbullet15 Landlord vs Tenant Issues 3 Jul 15th, 2008 04:05 PM
Can a tenant sue a landlord after 15 years? Elaine Stamatatos Landlord vs Tenant Issues 1 May 18th, 2008 12:09 PM


Forming an off-shore company? We can assist you in forming your company in 40 countries worldwide.


All times are GMT -5. The time now is 07:32 AM.