Ex-Landlord Served me with court papers, he's suing

This is a discussion on Ex-Landlord Served me with court papers, he's suing within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My brother and sister in law moved out of their rental property over a month agon (in California). They gave ...

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Old Aug 31st, 2009, 10:56 PM   #1
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EEK! Ex-Landlord Served me with court papers, he's suing

My brother and sister in law moved out of their rental property over a month agon (in California). They gave appropriate notice. The landlords kept putting off their request for a final walk through of the property. Without ever hearing anything else from the prior landlord to discuss any issues they have suddenly been served with court papers, they are suing for excessive damages in the amount of $25,000. Also the ex-landlord is remodeling the house (completly gutted). This was all done without a final walkthrough or any attempt to settle the accused damages. They now have 30 days to respond to the court papers. What should the do next and what are their rights if any? By the way......I was in the house regulary and helped with moving, etc. The damage they state occurred, did not!
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Old Sep 1st, 2009, 12:53 AM   #2
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Default Re: Ex-Landlord Served me with court papers, he's suing

In CA, an offer of a PMI (pre-move out inspection) must be made to the tenant per CA Civil Code 1950. Usually this is made right after the tenant gives notice that he is moving and takes place before the move out. Was this offer made? They should look in the paperwork they received from the LL to see if this was written in there. If it was and they didn't take advantage of it, they waived their right to this inspection. Even then, the final inspection is not required with the tenant - only the pre-move out one. The pre inspection is to give them notice of things that MAY be deducted so they can repair before they leave. (But it isn't a complete list in itself since the LL couldn't see all the items with their furniture still there.) If no offer was made, consult the code listed above to see how it says to proceed. It probably say the LL waives rights to damages if they fail to offer this.

If the PMI was offered and not accepted, the LL did all they had to. The LL then only had to do the itemized statement after the move out. Did they receive this within 21 days? Did it show receipts for repairs or written estimates? If so, the next step is to answer the court papers. They should list each charge on the itemization and show why they either don't owe it or they don't owe that amount. Did they take before and after photos of the unit? If they didn't receive the offer of PMI, they should state the consequences of this per the statute. They should refute any damages and state that they didn't do them. More info is needed on the type of damages claimed and the period they lived in the unit to go further to help them answer the damage claim.
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