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landlord appeals

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Tenant B

Junior Member
What is the name of your state? California

I sued and won against my previous landlord. He is appealing. I had a pre-inspection and was told that everything looked great. I helped show the unit while still there. Move out day: the landlord came to inspect after all of the furniture and large items were on the truck. I was told in front of a witness that everything looked good and the check would be in the mail. Instead, I received a letter stating they were keeping the $1200 deposit and would ask for more if I tried to complain.

I had signed a contract with a management company. The owner fired them when I submitted my 30 day notice. Items in the list of "repairs" included a tile that was already broken as note in the move in check list. And many more items. I left the unit in "as good condition" if not better. They are claiming that they had to replace the entire carpet due to one 6 in stain. They are making unreasonable claims.

From what I understand. Unless I have furniture covering a spot on the carpet or hole in the wall, they are required to tell me what repairs are necessary during the pre or exit inspection. I feel that they are intentionally trying to get me to drop the case. I moved out last July 1 and could have been getting interest on this money. I will also loose 2 days pay for this. I am a single mom and think they are trying to take advantage of that.He kept telling me that he wouldn't try to take advantage of me because he is a good Christian.

What do I need to know to ensure that I win the appeal?
 


JETX

Senior Member
What do I need to know to ensure that I win the appeal?
You need to KNOW the law... and how to present a valid solid case of your facts to the court... and to be able to present a valid defense against the other sides claims.

And if you can't do that... you need to know a good attorney... and have him/her on your side.

Basically, your appeal from small claims is a new hearing... called a 'trial de novo'. You get to do it all over again as if the first one never happened. The main difference is that both parties can have attorney's... as I presume they will have one. If they do and you don't have one, you will be at a HUGE disadvantage.
 

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