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Served tenant with UD for non-payment and malicious possession. Tenant moved out. Still trying to collect malice charges.
Anonymous4 views3 answers
Tenant was habitually late on rent and I had to file a restraining order against them because they threatened me constantly (roommate situation - they sublet from me). Tenant didn't pay this month's rent, left about 3 days after I filed the UD lawsuit without telling me. Place is a mess. Small holes in wall, writing on the wall, dirt and they left broken furniture and piles of belongings everywhere, as well as throwing out some of my stuff and/or stealing some of my stuff. I had to break open the door to get in the room because they locked it. Can I still collect malicious possession or malice damages, and how would I do so? Their security deposit is slightly short of what they owe cost-wise, and doesn't cover damage to premises at all. Can I charge storage fees b/c stuff is still here?
Seek a default judgment on your UD for your monetary damages. You may have to prove the elements of malicious possession to collect for the mal. pos. That the roommate knew they were not suppose to be in possession yet remained causing you damages. Once you get a judgment you can garnish their wages.
Hi,
I agree with Michael. If you have the house back already, you may be required to change your case from an unlawful detainer to a regular civil case for money. Once you do, you'd then prove your case for malicious possession as well as any other things you could think of. Best to take many pictures here for documentation and trial evidence as the judge will likely want to see proof of the damage.
If you win, you'd have to then enforce your judgment by going after wages, bank accounts, cars, etc. that you tenants have.
As to their stuff, yes you can charge storage fees. The rule is that you as landlord have to hold their stuff for 18 days (I think) if it is reasonably worth more than $300. If the tenants come back during the 18 days, you have to give them their stuff back, but you can charge a daily storage fee. If their stuff is worth less than $300, you can either keep it or throw it away.
If they don't come back at the end of 18 days, you have to hold an auction and -- after deducting the cost of the auction -- give the proceeds to the county to hold for 1 year, just in case the tenants come back. I've never had a case go that far before, but I assume the county gets to keep the money if the tenants never come back.
Hope that helps. Concord isn't that far from me so if you need help, let me know.
Andy
Storage fees is covered by Civil Code 1980-1991. Be sure to read the code because you must give notice to the ex tenant before you can dispose of their property.
Even though the tenant is no longer in possession of the premises if you have a court date for the UD I would suggest you attend and argue your case. You do have the option to convert the UD to a limited civil case which will stretch it out further.
