Q: Can a landlord seek payment for damages discovered a few months after the security deposit was returned?
I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit back. (July)
I just got back into town and saw that there were damages on the walls from installations. The contract clearly states “no alterations without landlord approval”, so this is a blatant violation.
The closet railing is damaged (the sliding doors won’t slide open properly and get stuck).
My vacuum cleaner is damaged.
The bedroom light I had given her is destroyed.
My toolbox is missing.
She is ignoring all of my calls and emails. In Germany, the landlord has up to 6 months to return a tenant’s deposit for this reason — just in case damages are found later that the tenant tried to cover up.
Is there anything I can do? This is in Santa Clarita, CA.
Thank you!
A:
You have a conflict with two areas of law. First, the LL's duty to provide a tenant with a security deposit, within 21 days, with an inspection and itemization of damages withheld. You did this, and a problem for you is that your "agent" -- Dad- failed to discovery the problems and signed of on it. This is binding on you, so it becomes a big problem in the next part. The other area in conflict is the statute of limitations for damage to property. You are within that and could sue the tenant for the damages, Small Claims- btw. BUT your agent signed off on the property. If I were hearing the case I would find for the tenant because you are bound by the acts of your agent.
Justia disclaimers below, incorporated herein.
1 user found this answer helpful
A: YES. YOU CAN SUE YOUR TENANT IN SMALL CLAIMS COURT AND TELL YOUR STORY TO THE JUDGE. BEST OF LUCK.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
