Webb Law Group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of landlord and tenant disputes within the context of this real case. We will take you from the complaint to the conclusion, providing a segue from legal problem to solution, with the strong support of Webb Law Group’s team of attorneys and staff.
In this case, the plaintiff was a tenant seeking legal relief from charges brought to them regarding a lease agreement. They felt the charges were unfair for several reasons and hired Webb Law Group to represent them. The facts in this case are as follows:
- The plaintiff was a tenant at a Fresno property with an agreement to reside there for a period of 1 year and 28 days.
- The plaintiff paid cleaning deposit and all rent due on time and resided at the property for a period exceeding 1 year, from the beginning of September 2014 to nearly the end of December 2015.
- On December 25th, Christmas Day 2015, the landlord and defendants in this case called the tenant to inform him to move off the property immediately. The tenant was not served with a 60 day notice, contrary to Civil Code Section 1946.1 (b). This is required due to the fact that the tenant was a resident at the property for over a year.
- The tenant received a final move-out statement on March 22nd, 2016. The statement was executed approximately 3 months after the tenant had moved out.
- In the move-out statement, the tenant was asked to pay $625.29 in rent charges from January 1st, 2016 – January 27th, 2016. The tenant was also not credited for paying an additional 2 days rent, totaling $44.84. The tenant had vacated the property on December 29th, 2015 and paid rent through December 31st, 2015.
- The move-out statement also included charges for cleaning, painting, maintenance and repairs to carpet, blinds, screens and windows totaling $2980.44. The landlord deducted the plaintiff’s security deposit from this final amount, however the plaintiff is entitled to his security deposit due to the fact that the landlord failed to provide the plaintiff with the security deposit deduction list within 21 days.
- In addition to not providing this list within 21 days, the plaintiff did not cause damage to the property beyond normal wear and tear, meaning the list and the damages detailed were excessive.
- Defendants (landlords) have threatened that the outstanding balance will be sent to collections, causing a negative credit impact. They also claim interest will be charged.
- Plaintiff requests legal remedy for being at a loss totaling $3625.28, including the over-charging, cleaning expenses, security deposit, and extra days paid. In addition to this balance, the plaintiff is seeking any and all attorney fees to be paid by the defendants for their responsibility in causing this situation.
Webb Law Group Resolves the Legal Matter
Webb Law Group was retained by the plaintiff in this matter and was able to resolve the legal issue without going to trial. A settlement was awarded in the amount of $7634.28 which included all the over-charged balances, cleaning expenses, security deposit, extra days paid, and the attorney fees.
The client was happy to have this matter resolved by Webb Law Group.
Finding a Professional California Business Attorney
Webb Law Group is a reputable business law firm with experience in matters involving California law, including handling landlord and tenant disputes. Having a reputable attorney by your side for these matters will help give you the best possible chance of a positive outcome in your case. If you feel you need legal representation, we are happy to review your legal needs and provide consultation and support where necessary.
For questions, or to schedule a consultation, contact us today at 559.431.4888 (Fresno) or 619.399.7700 (San Diego).