Wednesday, June 20, 2012

California Landlord Tenant Dispute

The California landlord and tenant have a one year lease. The landlord insist on a one year extension. Landlord prepares a written extension and signs the document. Tenant refuses to sign the extension.

A physical fight develops and tenant end up in hospital with a $6,000 medical bills.

Both the Landlord and tenant insist the other provoked the fight.

Each files criminal assault charges against one another.

Landlord seeks emergency legal advise. No attorney's are available that day.

A mediator is called for a "emergency", landlord insist on an emergency mediation, however his real intentions is a "walk thru" as he wants tenants out.

Tenants refuse the mediation request and then change their mind, after trusting the mediator.

All parties agree to meet with the out of town landlord and mediator. The walk thru is not a mediation, and landlord further agitate tenants and they advise the landlord to leave their home.

Mediator's suggestion is let things settle down for a few days. Landlord want to serve a 3-day notice.

Landlord call both the tenants and mediator over and over wanting instant results.

Landlord promises mediator payment in full within days. Check does not arrive.

Landlord makes decision to partially pay mediator as he does not want to pay for 40 minutes of phone time prior to the walk thru.

Landlord claims wife sent check, landlord promises check will be in mail.

Tenants refuse to pay current rent as they do not trust the landlord.

Landlord has $3,000 security deposit.

Tenant's cant move unless they have their security deposit returned.

Mediator suggest a draft settlement.

Both landlord and tenant refuse to pay mediator, landlord sees it as a no value and tenant has no funds.

Landlord suggest a extra 30 days, with the same rent, but wants late charges weeks that equals $250 dollars, the previous late charge was $50.00

Looks like this dispute may end up in court.

All in a days work, as a California mediator.

Jim W Hildreth-Mediator
Real Estate Mediation Services