San Diego Small Claims Court
Hello BP Investors,
I recently acquired a 6 unit building in the city of San Diego. Acquisition date 3/26/19. On 4/29 a tennant gave 8 days notice to move out. I had the PM let the tennant know that 30 days was required. Long story short the tennant moved out on 5/6. We scrambled and found a new tenant who moved in on 5/28.
I instructed the PM to keep 15 days rent from the deposit as I didn't want to gouge the tennant. PM was one day late returning the deposit.
Tennant is suing me Violating the Implied Warranty of Habitability, Violating the Covenant of Quiet Enjoyment by not timely returning the security deposit and not performing the necessary repairs to maintain the property as a safe and conforming dwelling. He is stating that this rose to a level of Constructive Eviction. He is asking for the below amounts.
$724.80-Unrefunded portion of the deposit
$14375.00-Rent abatement for entire tenancy He is stating 46 months
$3100.00- 2X Deposit
$1250.00-Moving expenses due to Constructive Eviction
$75.00-Tennants cost for the suit.
He was on the lease from 6/1/17-5/6/19. No where near 46 months. The same PM managed the place for the whole time the Tennant lived there and all maintenance requests appear to have been handled in a timely manner. There was zero maintenance requests during the time that I owned the property. When we turned the unit all we did is paint, add blinds to the windows and some new light fixtures. The unit was in good shape when he moved out.
What would be a good way to tackle this case? Am I even liable for repair requests that may or may not have been completed when I didn't own the property?
Thanks in advance,
Josh