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Property Damages

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lium

Junior Member
What is the name of your state? California

Is there a statute of limitations to sue for property damages in California?

My tenants, Mr. and Mrs. Smith, had moved out of the home on August 27, 2004. Their lease ended June 30, 2004, but the company that Mr. Smith own, signed up a year lease for his partner, who did not move in til August 28, 2004. In the meantime, Mr. and Mrs. Smith, stayed in the property. Recently, the company terminated the lease early and we had a walk-thru and a settlement bill was finalized and paid. But when the new tenants moved in, they noticed dog urined stains and urine smell on the carpets; and requested new carpets put in. When the carpets were removed, the hardwood floors were warped and stained from the urine.

I would like to claim for the replacement of the carpets (which are 4 years old) and the hardwood floor damaged against Mr. and Mrs. Smith, who had 3 small dogs and who had assured me that these show dogs will not cause any damage to my property. The partner and his family did not have any pets.

Can I do that? And how do I go about doing it? Thanks for helping
 


ENASNI

Senior Member
Um

I didn't really understand your post, but what I do understand is Ca Landlord tenant law. You have 30 days from the time the tenant leaves to do your inspection and write up the damages. Then you send the list with receipts to your ex-tenant with either a refund or a bill.

Methinks you missed that window of opportunity, you should have inspected before and after each tenant.

Showdogs pee just as much as regular NORMAL dogs do, silly.

Of course if I am wrong, someone will come and call me a ninny and give you their answer.
Sincerely,
Mrs. Jones
 

lium

Junior Member
ENASNI said:
I didn't really understand your post, but what I do understand is Ca Landlord tenant law. You have 30 days from the time the tenant leaves to do your inspection and write up the damages. Then you send the list with receipts to your ex-tenant with either a refund or a bill.

Methinks you missed that window of opportunity, you should have inspected before and after each tenant.

Showdogs pee just as much as regular NORMAL dogs do, silly.

Of course if I am wrong, someone will come and call me a ninny and give you their answer.
Sincerely,
Mrs. Jones

Are you saying my statute of limitations is 30 days?

Let me restate my case:

Mr. & Mrs. Smith rented my place from July 1, 2002 to June 30, 2004. On June 1, 2004, the company that Mr. Smith owned, signed a year's lease for the same place for July 1, 2004 through June 30, 2005 for Mr. Smith's partner and family to live in. On May 1, 2005, the company through its CFO terminated the lease early. A prepayment of rent due was made and a brief walkthru and a security deposit settlement ensued.

On May 16, 2005, the new tenants complained of urine smell on the carpets and stains. I replaced the carpets and in doing so, found out that the hardwood floors underneath were badly damaged, i.e. warped and urine stained. Do I have the right to go back to Mr. Smith for these damages?
 

ENASNI

Senior Member
um

Look, you can always try. But I bet you Mr and Mrs Smith's and their partner and family will be posting on this here board, and I will be giving them advice saying:
"So Mr. Smith you already did a brief walkthru and a security deposit settlement ensued. Sounds like you are in the clear... Now get that weird dog away from me... and it just peed on the carpet, clean that up!"

See!

Again...someone after me... call me ninny...whatever.
 

BL

Senior Member
lium said:
Are you saying my statute of limitations is 30 days?

Let me restate my case:

Mr. & Mrs. Smith rented my place from July 1, 2002 to June 30, 2004. On June 1, 2004, the company that Mr. Smith owned, signed a year's lease for the same place for July 1, 2004 through June 30, 2005 for Mr. Smith's partner and family to live in. On May 1, 2005, the company through its CFO terminated the lease early. A prepayment of rent due was made and a brief walkthru and a security deposit settlement ensued.

On May 16, 2005, the new tenants complained of urine smell on the carpets and stains. I replaced the carpets and in doing so, found out that the hardwood floors underneath were badly damaged, i.e. warped and urine stained. Do I have the right to go back to Mr. Smith for these damages?
And you did a walk through , ans smelled no urine . Ya thinks the urine warped the wood floor ? In one year ?

Oh and you replaced the carpet ,but not the warps ,correct ?

Oh not yet , you want to see if the urine warped them , that you couldn't smell on walk through .

You have new tenants , new income , fix it , or wait ,the new carpet is already down , and the new tenants are happy , :D

By the way , there's suppose to be some great stuff for all kinds of odor at hunting stores , the hunters use .

Did ya see my joke about the Blonde driving down the road with her son, and seen a Blonde rowing a boat in the middle of a Field ?

Anyways ,the Blonde in the car told her son , if it wasn't so far out to swim in the Field ,she'd go kick that Blonde's B***. :D
 
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