• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

being sued for property damages. plaintiff dies before court.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LRC

Junior Member
We leased a 10 acre horse property in California. We leased the property for 12 months giving our 30 day notice to leave on the 11th month of occupancy. Walk threw was done a week later were landlord marked several fence boards for replacement. Corral boards were bought and built 20 years prior in 1996. We replaced about 20 boards that we justified could of been damaged by our horses. The other 40 marked boards we did not touch as no visible damage was present and only issue with board was age and wood rot. We spent about $600 on boards. We also replaced pressure treated cedar gate post that broke at base due to age and rot. Gate post was over 40 years old. Replaced wood shed side of a building built in the 60's to owners satisfaction. Cleaned the residence to better than move in condition. Cleaned barn area. Mowed all property around house, barn out buildings. Kept up on yard landscaping and watering. And left all property that belonged to landlord.

We had major heating issues with the residence while we lived there not having a working heater for almost 2 months of winter. Including an oil furnace that leaked fuel and only semi operated for about 3 weeks on and off. After that heating and AC repair man could not fix it so it was left alone.

Our landlord was terminally ill and could be very difficult to deal with. After we moved out. We were never given a statement about our deposit. We let it go due to landlords tempered communication and failing health.
We had informed them of our new business location lease (we are self employed) but didn't inform them of physical address of our new rental because we didn't have one until a few days after moving out. We have had the same phone number for over 5 years, have our address and info publicly posted for pur business and have business cards at various locations in town.

5 months later we were served papers of a civil suit for oover $3,800 at our work. In this we are being sued for the fence boards we didn't replace, 250 gallons of stove oil, yard clean up, weed removal, labor at $15 an hour, floor paint in mud room, and 1 month of rent. Nothing mentioned about our deposit or deduction of it at all. Now I have ppictures of everything when we moved and our response ready to go. We did not file a countersuit because shortly after we were served, our ex landlord died. His wife is also named on the suit though so we are still prepared for court.

My question is, is any of what they did legal? In the suit they stated that they made a valid effort to contact us to resolve the dispute but this was never done. They never contacted us once in 5 months. The itemized list of expenses is all estimate quotes and paid labor. Stove fuel price was verified from filling the tank prior to our moving in. Not them having it filled after we left. Boards are all price quotes. No invoices are provided for anything. Please help. Any advice is greatly appreciated.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top