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Vacating SFH with a Belligerent and Unresponsive Landlord (Oakland)


               
2013 Jun 24, 3:20am   547 views  4 comments

by BubblePopper   follow (0)  

Hello,

I'm supposed to hand over a single-family house that I've been renting for ~ 4.5 years to the landlord today. He served us an eviction notice without any warning or discussion a few months ago when he decided he wants to sell the house (after using it as his primary residence for two years to avoid capital gains taxes), but he messed up and sent an illegal eviction notice that he had to withdraw. That gave us enough time to move out on our timetable after buying a house before he could have us evicted.

I have two problems:

1. He hasn't responded by email, phone, text, or letter on how to transfer the property today. I only have a PO Box as a mailing address. The house only has dead-bolts, so I can't leave the keys inside the house without leaving it unlocked. How can I transfer the keys today and avoid any potential false claims that I kept possession of the unit past the date on my 30 day notice to vacate?

2. My notice to vacate requested an inspection and indicated that I wanted to be present, as allowed by CA law. Our security deposit is $3500. He did not notify us of our right to an inspection, and he simply ignored my written request for an inspection in the 30-day letter. We left the house in good shape (completely cleaned out with no remaining junk and had it professionally cleaned), but I won't be surprised if he just doesn't mail the deposit within 21 days or tries to trump up damages. He has to return the full deposit since he refused my inspection request, correct?

Any advice on how to deal with this landlord would be greatly appreciated.

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1   Tenpoundbass   2013 Jun 24, 3:37am  

Call the county court who issued the eviction.

It would be nice, if landlords had to pay for a court official to over see, the final walk through, when leases are up, or the tenant for what ever reason is leaving. I bet there would be a lot less fucking people over on their deposits.

2   BubblePopper   2013 Jun 24, 3:47am  

Thanks, but there is no official eviction. We received a 60 day eviction notice, but the landlord did not meet the requirements to evict us under the terms he sent. I think he just hoped we would move away, but he rescinded the eviction notice when we informed him that we knew it was a wrongful eviction. So, there is no eviction on record. He rescinded the eviction notice, and we gave a 30 day notice to vacate a few months later after we bought a house.

3   justme   2013 Jun 24, 3:52am  

At the very minimum, you should do a detailed video recording of your own walk-through, preferably with some witnesses.

4   Tenpoundbass   2013 Jun 24, 3:54am  

BubblePopper says

Thanks, but there is no official eviction.

No Tickey no Laundry.

I would tell him to go pound sand, you have rights, and those rights are greater than the landlord's in 90% of the issues and disputes between tenants and landlords. I lived in the same house for 11 years setting out the bubble. The house changed hands about 4 times. Each time the new owner would come over all gung ho, serving me with DIY evictions, I just laughed at them and told them I'll move when the court says so. It never happened.
I finally moved because houses came into affordability, and I just got tired of watching new owners destroy the once beautiful old Florida art deco style home. The kitchen remodel with a mix and match assortment of Home Despot, and IKeelya cheapest cabinets was more than we could stand.

Place a call to the clerk of courts and contact someone in your state about renter's rights. I found all of the information I needed at MyFlorida. At the time they had a good section that went to details about renters rights. It helped me tremendously, and was the difference in us thinking we're fucked to me telling the landlord confidently "go fuck your self!" and slamming the door in his/her/their face.

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