Should I sue my brother's landlord?

[desertflower]

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?

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.