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Now I’m being counter sued, idiot landlord


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  • Now I’m being counter sued, idiot landlord

    I’m just venting here, and of course welcome any crazy advice from the Peanut Gallery


    Soooooo, basically last December my landlord wouldn’t give me back my deposit. She went beyond the 21 day time period allowed by CA state law. So I sent her several letters in relation to this (two of which were certified letters, and both came back to me unclaimed), and only after I started sending certified letters did she contact me back.

    Her first contact to me regarding this was 63 days after my vacancy of the premises started. She claimed I damaged her plumbing, and said at the time she would send me the detail of the costs and the remainder of my deposit with in 1 week.

    The lease started 5-15-10 (this was a Friday and I spent the weekend between my two addresses moving in).

    On 5-17-10 the first day I completely took residence I notice the water was coming out black and smelled like sewage. I communicated this to her in the form of an e-mail and kept a copy of it of course. She also came into the residence to inspect (on my invitation), and said to simply run the water and it would clear up.

    I had given written notice of my intent to not renew the lease on October 26th, and with forwarding contact information to send my deposit.

    The lease expired on 11-30-10
    I vacated on 11-28-10 (it might have been the 27th). At this time I again gave my forwarding information regarding where to send my deposit.

    On 1-10-11 I sent a regular letter regarding getting my deposit back in full now that more than 30 days had passed regarding the time limit per the contract (at this time I didn’t know CA law was 21 days). I also included a self addressed stamped envelope for her to send payment.

    Time passed and no contact was made regarding the deposit or the claims she is now making against me.

    On 1-30-11 I send a second letter requesting my full deposit back. I again included a self addressed stamped envelope. This was a certified letter.

    On 2-3-11 around 6pm a voice message is left on my phone (the first contact from her regarding this situation) that I damaged her plumbing, and ridicules claims regarding my use of the property. She said at this time she would send me a letter regarding the damage and the remainder of my deposit.

    We are now 63 days after vacancy started, and several attempts of my efforts to communicate regarding this issue.

    One week passed without said correspondence from her regarding any claims of damages. So at this point I still have no dollar amount from her in regard to any claims she has.

    On 2-10-11 I send a second certified letter (with duplicate regular mail) requesting my $1,000 again. I do not send a third stamped envelope, but I do include the CA law regarding the 21 day limits, and the website links she can look up the laws herself.

    At a later time and day I do not document that was after 2-10-11 I get another call from her saying I am not getting my deposit back. Again, ridicules claims, and no dollar amount regarding her claims or specified damages.

    A few days afterwards I file in small claims on 2-23-11

    She is served on 2-28-11 with a professional service.

    Court date is 4-28-11

    The county calls me around 3-28-11 asking if I am willing to mediate this case before it goes to court. I do not give up my right to continue to court, so I agree to it in every effort to give as much opportunity to resolve this as civilly as possible.

    We are set to mediate my claim on 4-18-11.

    Today at work an attempt is made to serve me by her brother. The effort failed because he walk into the branch and wouldn’t disclose to reception why he wanted to talk to me. One just doesn’t walk into a Bank’s HQ and request to see corporate staff and not disclose your business.

    I went down stairs looked at him, didn’t know who he was and went back to my secured offices.

    When he attempts to serve me later (being he’s a relative of hers and not a professional service) I will have security stand by. A professional service would have served me by now and left the form at reception once they validated I worked there.

    When I finally get served I will know for the first time what her claims are. She has made no attempt to rectify this or collect any money from me until now.

    I think I’m the one holding all the cards at this point regardless of her claims now.

    Again, I’m just venting, I’ll be refining the above into more formalized notes for court.
    "Corruptisima republica plurimae leges."

    "The more corrupt the state, the more numerous the laws."
    - Cornelius Tacitus

  • #2
    you didn't do a walk thru inspection report with her when your lease was up?


    • #3
      If you really want to know what the claims are, you can send someone to the courthouse to get a copy of the cross-complaint. In some counties, you can get a copy online.
      Facts do not cease to exist because they are ignored. -- Aldous Huxley
      Two things are infinite: the universe and human stupidity. -- Albert Einstein


      • #4
        I assume you had renter's insurance during your tenancy, Included in your renter's insurance should have been liability coverage. If so, notify your insurance company.

        They cannot represent your in small claims court. However, if you lose (unlikely) they should cover any awards made against you or provide counsel to appeal to Superior court. If she loses her claim againsst you but appeals, they should provide legal counsel tp represent you in Superior court.
        Going too far is half the pleasure of not getting anywhere


        • #5
          What's a matter with the lady. Too cheap to maintain the rental (sewage smell in the water), then too cheap to hire a professional serve who's familiar with CA law and would have at least sub-served you by now? Makes me wonder what kind of care she gives to her patients (if I recall correctly she was a Veterinarian).

          I would love to be a fly on the wall when this goes to mediation.
          Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.


          • #6
            I don't see how she can show how you damaged the plumbing, if that's her claim but you could have just accepted the paperwork. That stands a bit in contrast to you wanting to make every effort to resolve this as civilly as possible. I would have made her fix the water supply problem while I was there, obviously something was wrong. It could be that recent work was done, the water is a little funky at first but that should have cleared up pretty quick.


            • #7
              Eh------------------a court case will settle it once and for all.

              It is time consuming, expensive, and a hassel------but with the crap you have put up with this will finalize it one way or the other.
              Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

              My new word for the day is FOCUS, when someone irritates you tell them to FOCUS


              • #8
                Are you going to be on "The People's Court", with Judge Milian (spelling)
                Gotta catch em allll.........


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