Landlord Question and Answer Forum

Our tenants who where on a one year lease LEFT OUR RENTAL HOME,, THE LEASE ENDS AUGUST 31, 2009.. WE PLAN TO MOVE BACK INTO OUR RENTAL HOME SEPT 1, 2009 , LEAVING ONLY 5 MONTHS OF RENTAL PERIOD FOR ANY PROSPECTIVE TENANTS. WE SERVE THEM WITH 3 day notice to pay or quit ON 3/16, however neighbors saw them moving out their stuff around MARCH 5TH. Both Electricity and Utilities were shut off by the tenant on MARCH 23RD, and since we have a pool that REQUIERES MAINTENANCE 24/7, I had to go and reinstate both light and water UTILITIES.. HOME AND CARPET NEEDS CLEANING. CAN THESE DAMAGES BE PRESENTED IN COURT? Because they broke the lease and I need to try to re-rent our home to mitigate damages, I am wondering what kind of case do I have, if they are not in the home anymore and failed to pay rent for the month of march. I know I have to sue for past rent, however I am in question which kind of lawsuit I need to file?? ANY ADVICE WILL BE APPRECIATED, I live in CALIFORNIA....

Hey, I'm not an attorney, but here's my understanding of suing for unpaid rent and other damages: I believe if you go through with the eviction, you can add in itemized expenses of damages and costs, etc., and the judge awards you a judgment for the amount due to you. However, it will be up to you to collect that judgment, which may not be particularly easy. You might want to speak with an attorney, or at the very least an eviction agent. Best of luck, Brian

Posted by Ralph F, CA on Friday, April 3, 2009