Legal Question in Landlord & Tenant Law in California

I have vacated the premises and had a final walk through with my Landlord where we checked everything together. He shook my hand and said the unit looked great and there was nothing further required. I just received a letter that he is staing several items he decided needed repair afterall . He states damages in the amount of $2400.00 that includes claims of work time lost, pain and suffering. He has stated that if I pay him at least half , in a cashier check,that he will not pursue legal charges. Otherwise, he will pursue the claim to the full extent on the law and I will be sorry. I recorded our final meeting. Am I legally bound to respond to or pay this claim? Please help...I am 22 and not very experienced.


Asked on 6/18/12, 9:01 pm

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

You can dispute charges for items that the landlord saw or should have seen and not informed you that he was going to charge for them. The point of the walk through is to allow you to take care of those items so as to avoid being charged for them.

Pain and suffering charges are not valid in relation to a security deposit. That is not what a security deposit is for. I do not understand what "lost work" means. A landlord can charge a reasonable amount for his time spent perfoming repairs or cleaning if he does it himself. Time away from a job he may have is not compensable from the security deposit.

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Answered on 6/20/12, 11:31 am


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