Landlord did not do walkthru after tenant left, landlord had carpet/uphol cleaned, charged against security deposit. Is landlord liable since walkthru was not done.
Landlord also learned tenant broke lease two more times, had another tenant and tenant also had a dog.
Landlord being sued in Small Claims Court. Can landlord bring up tenant breaking lease 3 times?
Real Estate Attorney
You might bring it up but a judge may rule it is irrelevant to the issue at hand, which is that the Landlord failed to offer to a walk-thru with Tenant. The purpose of the walk-thru is to give the tenant an opportunity to fix any of the potential deductions. Landlord is also obligated to provide an itemized list of deductions and a refund of the security deposit within 21-days after the end of the lease.
Yes, the landlord can raise the lease breaches at the hearing, but I'm not sure how another tenant causes deductible damage. The dog, if it caused damage, would add deductible damages.
Please see the Department of Consumer Affairs article linked below regarding security deposit refunds. If the landlord didn't provide the refund within 21 days of the tenant's vacation, then the judge may order penalties.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.