Tenant Accused wrongly?

Tonyshio

New Member
Jurisdiction
California
Hello, this is not the first time I have written something on this website. It has been years since I have seek second opinions when it comes to legal advice here. Please read along.


Now let's get to it.

After living more 7-8 years in a rental home. Now that I have moved out I am been accused via email from now ex landlord.. of growing weed in the garage. Now as you read this I am in the process of expecting a deposit check refund if any...

The email contains strong accusations plus also ex landlord says neighbors validated such ilegal actions.... Now with all this been said I can say that I am a legal 215 medical marijuana patient and I do love working on outdoor medical marijuana plants with friends as they give me medicine as a compensation for my help with their medical plants. For me A great trade to keep my medicine free of charge now days!...

As far as been a tenant there I was a perfect never late with rent trhu out the whole living period in that residence. (7-8 plus years)

So landlord is claiming on an email written to me about mold created in the garage by weed grow, smells in the carpet and oil stains inside the house.. and saying NONE of the deposit will be refund and bills are staking up! (Landlord said).

But lets go back In time a few weeks ago. So a few weeks ago 2-3days later After I have sent the 30 days notice I received an email from ex landlord saying he has received the notice. He then appointed an Agent to do the final vacancy walk trhu with me which we did last week. I video recorded the exit walk trhu with the Agent he appointed and I was never told anything about this untill now! I gave the keys back and went my way. I strongly believe he is one of this landlords he doesn't want to spend money on repairs and such things. it was a family residence with kids and wife and the whole package But accusing me of this I believe this is way out of hand just because I left some smells In The carpet... now I didn't send a guy to clean the carpet because contracts states that landlord will clean carpet after vacancy, now that lease agreement was signed a year ago so on a 30 day monthly terms. Before me signing this new rental agreement with ex landlord we were handling this trhu a rental property management when I moved in and they did their inspections annually... I am confused and honestly I think he is bullshiting me to just not give any deposit back at all! not even the pet deposit. The landlord must be pissed because he just put a new carpet there last year or so but in the video and again the Agent did not mentioned nothing about weed just some dark spots (really small) that you can barely notice them in a couple of areas trhu out the carpet. We talking about a 1700 sqt home In a area where houses are valued up to $400-500 thousand.


The landlord is an out of town landlord first time I met him was last summer he almost came unannounced on a weekend! I told him no I wasn't expecting him so please give proper notice but in good faith I told him come over in 20 mins. I was driving back home from a job. He refused to show up in 20 mins but he did show up next morning to check the house condition and enter into an agreement with out the property management. He never told me anything aswell back then and even now before we moved out they showed the house more than 4 times to new potential renters. I even let the Agent stay at the house alone to show the property to new potential renters for a whole hour and a half while we went to the park with the kids. I do believe I am been accused wrongly.


Right now yes I am thinking in calling my attorney to guide me in the right direction in the coming days But first I would apreciate and knowledge provided.


Thanks in advance. I will add to this post as need to explain further.
 
You might have difficulty accepting this, but most of your post is irrelevant.

What IS relevant is whether or not the landlord has complied with the CA security deposit statute:

Law section.

If he hasn't, or if you believe that he is wrongfully withholding your security deposit because you DIDN'T do any of the things he is claiming, you are free to sue him in small claims court.
 
The "accusation" you are concerned about is not an issue with bothering with.

If you feel you are owed your deposit you can argue that point in court. The landlord will have to justify any deductions.
 
Thanks for the fast advice, yes I am aware that I can take him to small court claims but in the other hand he mentioned that "bills are stacking up" "I got
Meaning and eventually he wrote that this matter could be a legal claim.. I'll copy and paste portion of this email:

----
"
I am very disappointed to learn that there was a weed operation grow in the garage.
Not only is there unbelievable evidence, the neighbors validated what was going on.

Not only was this illegal, the moisture locked into the garage created a lot of mold that I have to mitigate.

----
""I do not think any of your security is going to be returned. The bills are racking up. I am outlining everything, we have teams over there and this could be a legal claim""


Thanks again
 
Thanks for the fast advice, yes I am aware that I can take him to small court claims but in the other hand he mentioned that "bills are stacking up" "I got
Meaning and eventually he wrote that this matter could be a legal claim.. I'll copy and paste portion of this email:

----
"
I am very disappointed to learn that there was a weed operation grow in the garage.
Not only is there unbelievable evidence, the neighbors validated what was going on.

Not only was this illegal, the moisture locked into the garage created a lot of mold that I have to mitigate.

----
""I do not think any of your security is going to be returned. The bills are racking up. I am outlining everything, we have teams over there and this could be a legal claim""


Thanks again


Your landlord appears ready to contest this matter, as is anyone's right, before a court of law.

I suggest you prepare to defend his accusations, and prosecute your case as to WHY your deposit should be returned to you in full.
 
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