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Landlord lawyer who will not take advantage financially

This legal question related to landlord & tenant attorneys in San DiegoCalifornia has been answered.


5 female students and 4 home owner parents co-signers signed a 2 year lease. Breached the contract alleging “ constructive eviction” not the case. Owners paid to fix damages they caused to restore home to habitable conditions as they received it. They hired a tenants lawyer who wrote a letter stating “constructive eviction” to breach the lease. Tenants had parties and overnight guest causing plumbing problems. Had a cat against agreement. Suing in small claims for 10 thousand alleging “bad faith” when rent owed for January, fleas related extermination, deep carpet cleaning were charged. After re renting the home tenants owe almost 23 thousand.  Looking for a good and reasonable landlord lawyer. 


Commonly posted questions...

A wide photo showing a well-documented, cluttered desk in a legal advisor's office, with multiple open legal books, property deeds, and a laptop displaying property boundary maps. There are measuring tapes, legal stamps, and boundary dispute case files spread out. The background shows a Phoenix, Arizona map on the wall, and a window that overlooks a suburban neighborhood with fences demarcating property lines. The image captures the complexities and tools involved in handling a boundary dispute. Why can't I evict a tenant who's cooking meth in my rental property in Albuquerque?
1 month 1 week ago, landlord & tenant attorneys, Albuquerque

Legal Solution

The response provided below is specific to landlord & tenant attorneys in the jurisdiction of San Diego. If the response is inadequate, please submit a detailed inquiry.

Constructive Eviction Claims in San Diego: Landlord's Perspective

Your current legal situation involves a complex dispute related to the breach of a lease under the pretense of "constructive eviction." Tenants have alleged this, and in response, they have vacated the premises. On top of this, there are various damages caused by the tenants that they seem to have failed to rectify, thereby creating financial discrepancies.

Relevant Legal Provisions

To understand the legal footing in this situation, the following legal provisions pertain to landlord-tenant relationships in San Diego:

  • California Civil Code Section 1940-1954: This section deals with the rights and duties of landlords and tenants.
  • California Civil Code Section 1942: This specifically touches on constructive eviction and tenant remedies.
  • State of California Department of Consumer Affairs - this is a reliable source for California's tenant and landlord rights and responsibilities.

Proposed Solution

  1. Document Everything: Maintain a detailed record of all communication, damages, and repair costs.
  2. Hire a Local Attorney: Given the situation's complexity, engage a reputable San Diego-based landlord attorney. You can compare lawyers in your area to make an informed decision.
  3. Negotiate Before Litigation: Try to come to a resolution with the tenants before taking the matter to court. If unsuccessful, be prepared to present all evidence in the legal proceedings.

Price Analysis for Legal Services in San Diego

Service Average Price ($)
Initial Consultation 250 - 500
Lease Agreement Review 800 - 1,500
Small Claims Representation 2,000 - 3,500
Constructive Eviction Case Representation 5,000 - 8,000

Note: The prices above vary based on the attorney's experience and firm size. It's always beneficial to discuss fees upfront to avoid unexpected costs.

Seeking Further Details

To provide you with a comprehensive solution, we would need some additional details. Please consider reaching out to a professional or ask a free legal question.

Relevant Questions for Clarification

  1. Evidence of Habitability: Did you document the state of the property before and after the tenants moved in?

  2. Lease Agreement Specifics: Were there any clauses in the lease agreement that specified penalties for breaches, and did the agreement explicitly mention restrictions against pets?

  3. Previous Communications: Were there any written warnings issued to the tenants regarding their behavior, or any official communication channels used to request repairs or address other concerns?

Q1: What does the term "constructive eviction" entail under California law?

Constructive eviction occurs when a landlord's actions, or failure to act, make the rented property uninhabitable, forcing the tenant to leave. However, the tenant must prove that the landlord's actions were the direct cause of the uninhabitable condition.

Q2: Can a tenant be held financially responsible for damages they cause to the property?

Yes, a tenant can be held financially responsible for any damages they cause that go beyond normal wear and tear.

Q3: How can a landlord protect themselves from false constructive eviction claims?

Proper documentation of the property's condition before the tenant moves in and maintaining open communication with tenants can act as evidence if disputes arise.

Q4: Can landlords in California charge tenants for extermination fees, deep carpet cleaning, or other specific damages?

Yes, if it is outlined in the lease agreement or if the damages were directly caused by the tenant's negligence.

Q5: Is it legal in California for tenants to have overnight guests or parties?

Unless specifically prohibited or limited in the lease agreement, tenants can have guests. However, if these guests cause disturbances or damages, the tenant can be held responsible.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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