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Who do I sue?
We are facing a pretty similar issue as most people on here but I haven't read anything as specific to some of my questions so I hope someone can help!
Let me preface by saying we rented a house for about 8 months on a 1 year lease and had legal grounds to break our lease early due to extremely noisy neighbors. The landlords were kept informed for months, and the local police did nothing to remedy the situation, so according to California tenant rights, we were advised we could break the lease for our lack of quiet enjoyment of the property. The house was old, but the outside painted and kitchen remodeled. The lease was standard and covered everything in the house. Upon moving out we cleaned with a team of 4 people to make this house immaculate. We received our $2500 deposit back... LESS $800 dollars! The OWNER (not the property management company) documented 7 hours worth of work he said he did on the house and also tried to charge us $500 for 2 small screw holes in the exterior vinyl of a window from an AC unit we had to put in. They said it did structural damage but the vinyl border was just a border and was inches away from any structural part of the window. Could have easily been spackled and painted. Only cosmetic. Also trying to charge for a broken slab of concrete in the sidewalk outside, that was there when we moved in and the sidewalk is not even in our lease. * First of all : Who do we serve the court order to? One lawyer said the Property Management, one said the Owners. Who am I suing here? * Do they have reasonable grounds for replacing an entire window due to the tiny cosmetic flaw? * If they are trying to charge us for repairs that they said was due to our negligence, and we know it was there before we moved in, will they have to provide picture proof of everything prior to our moving in? I don't see how they can prove it wasn't there before we moved in if they don't have pictures. Example, a dent in the doorknob of an old steel screen door (had to be over 20 years old), and the broken concrete slab in the backyard (equally as old) * We asked the landlord to walk through the property with us to asses damages. She was INSISTANT that we didn't need to do that, that no matter what we did she had 21 days to assess damage with the owners and she couldn't promise anything. And even in writing with the move out check list she noted that it was entirely unnecessary that we be present with her for a walk through. Why would she deny our rights like that? Is this something that will make us look better in court having in writing that she talked us out of conducting the walk through? * We were returned a little over $1,600 of our original deposit with the itemization, an amount of money that we really need right now. We were advised not to cash the check, but that is our money, whether it be ALL our money or partial, it is ours. Are we able to deposit this check back into our account and still sue them for the remainder? I appreciate any and all feedback I can get at this point. I am hurt and confused as to why we are being nickel and dimed for being responsible renters who always paid the rent EARLY!! Ugh. :confused: |
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 Originally Posted by twinkiedooter
I don't think I'm allowed to sue both, am I? |
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Sue both of them. This way they can't point the finger at each other in court and it maximizes your chances of winning if you sue everyone. File asap as it will take sometime to be scheduled. That's great you have pictures. Chances are you will win once the judge sees what you are talking about. |
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